United India Insurance Co Ltd vs Pollobi @Pallabi Saikia And 5 Ors
2024 Latest Caselaw 5544 Gua

Gauhati High Court

United India Insurance Co Ltd vs Pollobi @Pallabi Saikia And 5 Ors on 5 August, 2024

                                                              Page No.# 1/3

GAHC010012082023




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

                        Case No. : I.A.(Civil)/1816/2024



         UNITED INDIA INSURANCE CO LTD.
         HAVING ITS REGISTERED OFFICE AT 24
         WHITES ROAD CHENNAI AND ONE OF THE REGIONAL OFFICE AT GS
         ROAD
         GUWAHATI 781005.


          VERSUS

         POLLOBI @PALLABI SAIKIA AND 5 ORS.
         W/O LATE HARI PRASAD NEOG
         RESIDENT OF KAKOJAN
         DULIAGAON
         PO AND PS TEOK
         DIST JORHAT
         ASSAM 785112

         2:MASTER ANIRBAN KAWSHIK NEOG
         S/O LATE HARI PRASAD NEOG

         RESIDENT OF KAKOJAN
         DULIAGAON
         PO AND PS TEOK
         DIST JORHAT
         ASSAM 785112

         3:SMTI ANA NEOG
         MOTHER OF LATE HARI PRASAD NEOG

         RESIDENT OF KAKOJAN
         DULIAGAON
         PO AND PS TEOK
                                                                            Page No.# 2/3

           DIST JORHAT
           ASSAM 785112

           4:PRAMOD CH NEOG
          FATHER OF LATE HARI PRASAD NEOG

          RESIDENT OF KAKOJAN
          DULIAGAON
          PO AND PS TEOK
          DIST JORHAT
          ASSAM 785112

          5:SRI SUJIT BARUAH
          S/O DINAMONI BARUAH
          RESIDENT OF MISSION ROAD TINIALI
          PO TEOK
          PS MARGHERITA
          DIST TINSUKIA
          ASSAM 786181

          6:ABIDUR RAHMAN
          S/O SULEMAN ALI

          RESIDENT OF HARMATI
           PS AND DIST NAGAON
          ASSAM 762001
           ------------
          Advocate for : MR. K K BHATTA
          Advocate for : MR. A BHATTACHARYYA (r-1
          3
          4) appearing for POLLOBI @PALLABI SAIKIA AND 5 ORS.



                                  BEFORE
                     HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                       ORDER

05.08.2024

Heard Mr. K.K. Bhatta, learned counsel for the applicant and Mr. A. Bhattacharyya, learned counsel for the opposite party Nos. 1 - 4.

2. This interlocutory application is preferred by the applicant, United India Insurance Company Limited for staying the operation of the judgment and award Page No.# 3/3

dated 01.10.2022, passed by learned Member, MACT No. 2, Kamrup, in MAC Case No. 1943/2019.

3. It is to be noted here that vide impugned judgment and award dated 01.10.2022, the learned trial court had directed the applicant, United India Insurance Company Limited to pay a sum of Rs. 67,34,360/- together with 7.5% interest from the date of filing of the petition, i.e. 05.08.2019, till realization.

4. It is also to be noted here that the connected appeal has already been admitted and the record has already been called for.

5. The learned counsel for the applicant submits that the deceased was an employee, who died in harness and as per the scheme of the Government, notified vide notification bearing No. FEG.28/2017/26, dated 14.09.2017, there will be no loss of income of the family members of the deceased inasmuch as the family pension will be equal to 100% of the last pay drawn by the deceased employee to be paid for a period to the date of deemed superannuation of the deceased employee and as such, it is contended that the stay may be granted, subject to depositing 20% of the awarded amount before the Registry of this Court.

6. Having considered the submissions of learned counsel for both the parties, it is provided that the operation of the impugned judgment and award dated 01.10.2022, is stayed. However the applicant shall deposit 20% of the awarded amount before the Registry of this Court and upon depositing the said amount the respondent Nos. 1 - 4 are allowed to withdraw the same within a period of 4 (four) weeks from today, without any writer.

7. In terms of above, this I.A. stands closed.

JUDGE Comparing Assistant