Page No.# 1/3 vs United India Insurance Co Ltd
2023 Latest Caselaw 3876 Gua

                                                         Page No.# 1/3

GAHC010032952023




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

         I.A.(Civil)/2086/2023 In
         MAC App./83/2023

         RUPAK DAS AND 3 ORS .
         S/O LATE PRANENDRA DAS

         RESIDENT OF VILLAGE NITYANANDA PANBARI
         DIST BAJALI
         781329

         2: SRI RATUL DAS

         S/O LATE PRANENDRA DAS
         RESIDENT OF VILLAGE NITYANANDA PANBARI
         DIST BAJALI
         781329

          3: SRI MANOJ DAS

         S/O LATE PRANENDRA DAS
         RESIDENT OF VILLAGE NITYANANDA PANBARI
         DIST BAJALI
         781329

         4: SRI KRISHNA DAS
         S/O LATE PRANENDRA DAS
         RESIDENT OF VILLAGE NITYANANDA PANBARI
         DIST BAJALI
         781329
         VERSUS

         UNITED INDIA INSURANCE CO LTD.
         S/O LATE PRANENDRA DAS
         RESIDENT OF VILLAGE NITYANANDA PANBARI
         DIST BAJALI
         781329
                                                                            Page No.# 2/3



              ------------
              Advocate for : MR. B DEKA
              Advocate for : MR. K K BHATTA appearing for UNITED INDIA INSURANCE CO
              LTD.



                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

21.09.2023.

Heard Shri MP Choudhury, learned counsel appearing on instructions of Shri B Deka, learned counsel for the applicants.

The applicants, who are claimants and arrayed as respondent nos. 1 to 4, by means of this application has prayed for an order for deposit of 50% of the awarded amount vide the judgment and award dated 06.12.2022 passed by the learned MACT, Bajali, Pathsala in MAC Case No. 17/2021.

By the aforesaid judgment, the learned Tribunal had awarded a sum of Rs. 7,60,280/-.

This Court while admitting the appeal on 15.03.2023 had also passed an order in the accompanying IA(C)/690/2023 staying the impugned judgment and award.

Shri Choudhury, learned counsel for the applicants has submitted that a direction be granted for deposit of 50% of the awarded amount taking into consideration that the claim was for the death of the father of the applicants which had occurred on 19.05.2020 at Pathsala.

Shri KK Bhatta, learned counsel for the opposite parties-appellants, however, submits that the award is not sustainable in law as there was no Page No.# 3/3

dependency factor.

Be that as it may, taking into consideration the objective of the MV Act which is a beneficial piece of legislation, it is directed that while the impugned award would remain stayed, the same is subject to payment of a lump sum amount of Rs. 2 lakhs by the opposite parties-appellants which is to be paid within a period of 60 days from today in the Registry of this Court.

The applicants-claimants would be at liberty to with the said amount after

submission of bond and on being properly identified by their learned counsel.

JUDGE

Comparing Assistant