Page No.# 1/5 vs Sbi General Insurance Company Ltd
2023 Latest Caselaw 3748 Gua

                                                                 Page No.# 1/5

GAHC010167272023




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

                        Case No. : I.A.(Civil)/2170/2023

         URMILA SAHU AND 2 ORS.
         W/O LATE BIJOY SAHU,
         R/O NATUN NAGAR, NEAR H.P. PETROL PUMP,
         P.O. AND P.S.- MORAN,
         DIST.- DIBRUGARH, ASSAM.

         2: DIBYANSHU SAHU
          (MINOR) REP. BY HIS LEGAL GUARDIAN MOTHER URMILA SAHU
          S/O LATE BIJOY SAHU
          R/O NATUN NAGAR
          NEAR H.P. PETROL PUMP
          P.O. AND P.S.- MORAN
          DIST.- DIBRUGARH
         ASSAM.

         3: RAJKUMARI SAHU

          W/O LATE BRAJANATH SAHU
          R/O NATUN NAGAR
          NEAR H.P. PETROL PUMP
          P.O. AND P.S.- MORAN
          DIST.- DIBRUGARH
          ASSAM

         VERSUS

         SBI GENERAL INSURANCE COMPANY LTD
         JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA
         ROAD, ANDHERI (EAST), MUMBAI- 400069 REGIONAL OFFICE AT 4TH
         FLOOR, B BLOCK, APEEJAY HOUSE, 15 PARK STREET, KOLKATA- 70000165
         AND BRANCH OFFICE AT 2ND FLOOR, LAKSHMI DARSHAN BUILDING,
         OPPOSITE BORA SERVICE, G.S. ROAD, ULUBARI, GUWAHATI-
         781007(ASSAM).
                                                                Page No.# 2/5




Advocate for the Petitioner   : MR. B BARUAH

Advocate for the Respondent : MR. R GOSWAMI




             Linked Case : MACApp./865/2022

            SBI GENERAL INSURANCE COMPANY LTD.
            JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA ROAD
             ANDHERI (EAST)
             MUMBAI- 400069 REGIONAL OFFICE AT 4TH FLOOR
             B BLOCK
             APEEJAY HOUSE
             15 PARK STREET
             KOLKATA- 70000165 AND BRANCH OFFICE AT 2ND FLOOR
             LAKSHMI DARSHAN BUILDING
             OPPOSITE BORA SERVICE
             G.S. ROAD
             ULUBARI
             GUWAHATI- 781007(ASSAM).


             VERSUS

            URMILA SAHU AND 4 ORS.
            W/O LATE BIJOY SAHU

            R/O NATUN NAGAR
            NEAR H.P. PETROL PUMP

            P.O. AND P.S.- MORAN

            DIST.- DIBRUGARH
            ASSAM.

            2:DIVYANSH SAHU
            (MINOR) REP. BY HIS LEGAL GUARDIAN MOTHER
             THAT IS
             RESPONDENT NO. 1

            S/O LATE BIJOY SAHU
                                                      Page No.# 3/5

R/O NATUN NAGAR
NEAR H.P. PETROL PUMP

P.O. AND P.S.- MORAN

DIST.- DIBRUGARH
ASSAM.
3:RAJKUMARI SAHU
W/O LATE BRAJANATH SAHU

R/O NATUN NAGAR
NEAR H.P. PETROL PUMP

P.O. AND P.S.- MORAN

DIST.- DIBRUGARH
ASSAM.
4:NAVA JYOTI KALITA
S/O LOHIT KALITA

C/O LATE GAFUR KHAN

R/O F/NO. 101 ZENITH HEIGHTS HOME ANAND KERAKUCHI (NEAR
HOCKEY STADIUM)

P.O.- SAWKUCHI

P.S.- BASISTHA

GUWAHATI- 781034

DIST.- KAMRUP(M)
ASSAM.
5:MOHAR ALI
S/O DADAL ALI

R/O TELAHI NO. 1

P.O.- BANGALDHARA

P.S.- DHARAMTUL

DIST.- MORIGAON
ASSAM
PIN- 782412.
------------
Advocate for : MR. R GOSWAMI
Advocate for : MR. B BARUAH (R-1
                                                                       Page No.# 4/5

          2
          3) appearing for URMILA SAHU AND 4 ORS.



                                BEFORE
              HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                     ORDER

Date : 15-09-2023

Heard Mr. B. Baruah, learned counsel for the applicants. Also heard Ms. M. Saikia, learned counsel for the opposite party Insurance Company. This interlocutory application has been filed by the applicants, namely, Smti. Urmila Sahu, Sri Divyansh Sahu (Minor) and Smti. Rajkumari Sahu who were the original claimants in whose favour the award was made by the impugned judgment dated 24.08.2022 passed in MAC Case No. 10/2022 by the learned Member MACT, Dibrugarh awarding the amount of Rs. 15,98,600/- with 7.5 % interest per annum.

The present application has been made for allowing the applicants to withdraw the 50% of the awarded amount which has been deposited by the opposite party Insurance Company in pursuant to the order dated 22.12.2022 passed in I.A. (Civil)3792/2022 in MAC App.865/2022. Learned counsel for the opposite party has submitted that in pursuant to the said order dated 22.12.2022, the Insurance Company has deposited the 50% of the awarded amount i.e., Rs. 9,73,230/- with the Registry of this Court on 02.02.2023.

Learned counsel for the opposite party does not have any objection if the said amount is disbursed to the claimants/respondent nos. 1, 2 & 3 during pendency of this appeal. Hence, the prayer is allowed. As applicant no. 2 Divyansh Sahu is minor, the said amount may be Page No.# 5/5

disbursed to the applicant no. 1 and applicant no. 2, namely, Smti. Urmila Sahu and Smti. Rajkumari Sahu who shall also receive the same on behalf of applicant no. 2 Divyansh Sahu.

The Registry of this Court is directed to disburse the said amount to the applicants Smti. Urmila Sahu and Smti. Rajkumari Sahu after proper verification of their identity.

With this observation, this interlocutory application is disposed of.

JUDGE

Comparing Assistant