Page No.# 1/3 vs New India Assurance Company Ltd. ...
2023 Latest Caselaw 4245 Gua

                                                               Page No.# 1/3

GAHC010227562023




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                        Case No. : I.A.(Civil)/3073/2023

         SUMAN DEVI AND 2 ORS.
         W/O LATE SHIV NATH SAH,
         R/O MARGHERITA BALUKHAD, P.O. AND P.S.- MARGHERITA,
         DIST.- TINSUKIA (ASSAM), PIN- 786181.

         2: RAJVEER SAH
          S/O LATE SHIV NATH SAH

         R/O MARGHERITA BALUKHAD
         P.O. AND P.S.- MARGHERITA

         DIST.- TINSUKIA (ASSAM)
         PIN- 786181.
         BEING MINOR
         REP. BY HIS LEGAL GUARDIAN MOTHER
         THAT IS
         RESPONDENT NO. 1.

         3: ROHIT SAH
          S/O LATE SHIV NATH SAH

         R/O MARGHERITA BALUKHAD
         P.O. AND P.S.- MARGHERITA

         DIST.- TINSUKIA (ASSAM)
         PIN- 786181.
         BEING MINOR
         REP. BY HIS LEGAL GUARDIAN MOTHER
         THAT IS
         RESPONDENT NO. 1

         VERSUS

         NEW INDIA ASSURANCE COMPANY LTD. AND ANR
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            HAVING ITS REGISTERED AND HEAD OFFICE AT 87, M.G. ROAD, FORT,
            MUMBAI AND ONE OF THE REGIONAL OFFICE AT STAR CITY COMPLEX,
            5TH FLOOR, LACHIT NAGAR NEAR HANUMAN MANDIR G.S. ROAD,
            GUWAHATI- 781007.

            2:SANKAR KUMAR PRADHAN
             S/O KRISHNA KUMAR PRADHAN

            R/O MARGHERITA
            NEAR POST OFFICE
            P.O. AND P.S.- MARGHERITA
            DIST.- TINSUKIA (ASSAM)
            PIN- 786181

Advocate for the Petitioner   : MR. A K GUPTA

Advocate for the Respondent : MR. R GOSWAMI




                                     BEFORE
                         HONOURABLE MR. JUSTICE NANI TAGIA

                                         ORDER

11.10.2023

Heard Mr. A. K. Gupta, learned counsel for the applicants, three in numbers, and Ms. M. Saikia, learned counsel for the opposite party No.1/Insurance Company.

This is an application, seeking modification of the order dated 11.09.2022 passed in I.A.(Civil) No. 2660/2023 arising out of MFA No. 81/2023, whereby the Award dated 13.07.2023 passed by the learned Assistant Labour Commissioner- cum-Commissioner, Workmen's Compensation, Tinsukia in W.C. No. 03/2014 has been stayed without a direction to deposit a part of the awarded amount. It is submitted that by the impugned judgment and award dated 13.07.2023 passed by the learned Assistant Labour Commissioner-cum-Commissioner, Workmen's Compensation, Tinsukia in W.C. No. 03/2014 a sum of Rs.15,88,425/- has been awarded to be paid to the applicants.

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Ms. M. Saikia, learned counsel for the opposite party No.1/Insurance Company has no objection on the prayer made by the applicants in the instant application.

I have heard the learned counsel for both the parties and also perused the order dated 11.09.2022 passed in I.A.(Civil) No. 2660/2023 arising out of MFA No. 81/2023. It is hereby directed that the opposite party No.1/Insurance Company, who is the appellant in MFA No. 81/2023 shall deposit 50 % of the awarded amount vide the award dated 13.07.2023 passed by the learned Assistant Labour Commissioner- cum- Commissioner, Workmen's Compensation, Tinsukia in W.C. No. 03/2014 which has been put to challenge by the opposite party No.1/Insurance Company who is appellant in MFA 81/2023 within a period of 4(four) weeks from today.

After the aforesaid amount is deposited by the opposite party/Insurance Company, the applicants herein, three in numbers, shall be at liberty to withdraw the deposited amount from the Registry of this Court after the applicants are duly identified by following the due process as notified by the Registry from time to time.

With the above direction, this Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant