Gauhati High Court
Oriental Insurance Company ... vs Smti Chitra Basumatary And 4 Ors B on 17 February, 2023
Page No.# 1/4
GAHC010018942023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/282/2023
ORIENTAL INSURANCE COMPANY LIMITED
A CO. REGISTERED AND INCORPATED UNDER THE COMPANIES ACT 1956
HAVING ITS REGISTERED OFFICE AT 3 ORIENTAL HOUSE, A-25/27 ALI
ROAD, NEW DELHI-2 WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD,
ULUBARI-7, GUWAHATI, REPRESENTED BY ITS REGIONAL MANAGER,
GUWAHATI, ASSAM.
VERSUS
SMTI CHITRA BASUMATARY AND 4 ORS B
W/O LATE KHAGEN BASUMATARY, R/O and VILL. GUGNAMUKH,
BALIGAON, P.S. GUNGNAMUKH, DIST. DHEMAJI, ASSAM.
2:b) BIMAL BASUMATARY
S/O LT. KHAGEN BASUMATARY
3:MISS DIPSHIKA BASUMATARY
ALL ARE PERMENENT
R/O and VILL. GUGNAMUKH
BALIGAON
P.S. GUNGNAMUKH
DIST. DHEMAJI
ASSAM.
4:BAKUL GOGOI
S/O SRI SUNESWAR GOGOI
R/O and VILL. DHENUDHARA
P.O. GOHPUR
DIST. SONITPUR
ASSAM.
Page No.# 2/4
5:SUSANTA DAS
S/O LATE BADHAN DAS
R/O andVILL. PAHUCHOWA
P.S. SOOTEA
DIST. SONITPUR
ASSAM
Advocate for the Petitioner : MR. R C PAUL
Advocate for the Respondent : MR R DEKA
Linked Case : MACApp./374/2018
ORIENTAL INSURANCE COMPANY LIMITED
A CO. REGISTERED AND INCORPATED UNDER THE COMPANIES ACT 1956
HAVING ITS REGISTERED OFFICE AT 3 ORIENTAL HOUSE
A-25/27 ALI ROAD
NEW DELHI-2 WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD
ULUBARI-7
GUWAHATI
REPRESENTED BY ITS REGIONAL MANAGER
GUWAHATI
ASSAM.
VERSUS
a) SMTI CHITRA BASUMATARY and 4 ORS
W/O LATE KHAGEN BASUMATARY
R/O and VILL. GUGNAMUKH
BALIGAON
P.S. GUNGNAMUKH
DIST. DHEMAJI
ASSAM.
1:b) BIMAL BASUMATARY
S/O LT. KHAGEN BASUMATARY
1:c) MISS DIPSHIKA BASUMATARY
ALL ARE PERMENENT
R/O and VILL. GUGNAMUKH
BALIGAON
Page No.# 3/4
P.S. GUNGNAMUKH
DIST. DHEMAJI
ASSAM.
2:BAKUL GOGOI
S/O SRI SUNESWAR GOGOI
R/O and VILL. DHENUDHARA
P.O. GOHPUR
DIST. SONITPUR
ASSAM.
3:SUSANTA DAS
S/O LATE BADHAN DAS
R/O andVILL. PAHUCHOWA
P.S. SOOTEA
DIST. SONITPUR
ASSAM.
------------
Advocate for : MR. R C PAUL
Advocate for : MR. R Deka appearing for a) SMTI CHITRA BASUMATARY and 4
ORS
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
17.02.2023
Heard Mr. R. C. Paul, learned counsel for the applicant.
The present application is filed for modification of the Judgment & Order
dated 19.12.2022 passed in MAC Appeal No. 374/2018 by this Court arising out
of the Judgment and Award dated 03.10.2015 passed in MAC Case No.
1728/2011 by the learned Member, MACT No. 1, Kamrup at Guwahati.
It is contended that though there is a direction in the aforesaid judgment to
deposit the compensation within a period of 30 days from the date of judgment,
however, the Insurance company could not deposit the same as there was no
specific direction, before whom the amount is to be deposited.
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This Court is of the view that when an appeal is allowed and amount is
directed to be deposited, if no authority is mention, it shall be obviously the
claim Tribunal inasmuch amounts are directed to be deposited before this
Registry only in the intervening period from admission to the disposal.
Accordingly, it is clarified that the compensation as determined be deposited
before the learned Tribunal i.e. the office of the Member, MACT No. 1, Kamrup
(M) at Guwahati, within a period of 30 days from today.
I.A. stands disposed of.
JUDGE
Comparing Assistant
