National Insurance Company Ltd vs Pankaj Jyoti Barman And 3 Ors
2024 Latest Caselaw 5653 Gua

Gauhati High Court

National Insurance Company Ltd vs Pankaj Jyoti Barman And 3 Ors on 7 August, 2024

                                                             Page No.# 1/3

GAHC010249942023




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

                                  Case No. :




          I.A.(Civil)/1821/2024

         NATIONAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3
         MIDDLETON STREET
         KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH
         G.S. ROAD
         GUWAHATI- 781005 REPRESENTED BY THE CHIEF REGIONAL MANAGER
         GUWAHATI REGIONAL OFFICE.


          VERSUS

         PANKAJ JYOTI BARMAN AND 3 ORS.
         S/O HAR KUMAR BARMAN
         VILL.- CHAPRAKATA PT- II
          P.S.- BONGAIGAON
          DIST.- BONGAIGAON
         ASSAM
          PIN- 783380.

         2:SAIFUL HOQUE
         S/O ANTAL HOQUE

         VILL.- BORTOLOWA
         P.O.- DHALIGAON
         P.S.- DHALIGAON
         DIST.- CHIRANG
         BTAD
         ASSAM
         PIN- 783385.
                                                                      Page No.# 2/3


          3:MOTLEB ALI
          S/O ANTAL HOQUE

          VILL.- BORTOLOWA
          P.O.- DHALIGAON
          P.S.- DHALIGAON
          DIST.- CHIRANG
          BTAD
          ASSAM
          PIN- 783385.

          4:HAR KUMAR BARMAN
          S/O LATE MANYU RAM BARMAN

          VILL.- CHAPRAKATA PT- II

          P.S.- BONGAIGAON
           P.O.- CHAPRAKATA
           DIST.- BONGAIGAON
          ASSAM
           PIN- 783380.
           ------------
          Advocate for : MR T KALITA
          Advocate for : MR. M KHAN (R-1
          4) appearing for PANKAJ JYOTI BARMAN AND 3 ORS.

          In

          MACApp. Case No. 291/2024



                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                      ORDER

07.08.2024

1. Heard Mr. T. Kalita, learned counsel for the applicant. Also heard Mr. M. Khan, learned counsel appearing for respondent Nos. 1 and 4.

2. This application under Order XLI, Rule 5 of the Code of Civil Procedure (1908) has been filed by the applicant praying for stay of execution of impugned Page No.# 3/3

Judgment and Award dated 23.05.2023, passed by the learned Member, Motor Accident Claims Tribunal, Bongaigaon in MAC Case No. 130/2019.

3. The learned counsel for the applicant has submitted that the present applicant has filed the connected MAC Appeal No. 291/2024 impugning the aforesaid Judgment and Award, mainly on the ground that as the deceased was a government servant, he is squarely covered under the circular issued by the Government of Assam on 14.09.2017, in respect of the scheme of compassionate family pension and as per the said scheme, the claimant would receive 100% of the last drawn paid, till the date on which the deceased would have retired and therefore, he submits that there would be no loss of dependency.

4. Considering the submissions made by the learned counsel for both sides, this Interlocutory Application is allowed, subject to condition that the applicant/insurance company shall deposit 30% of the awarded amount to the Registry of this Court within a period of 6(six) weeks from the date of this order. On such deposit made by the applicant, before the Registry of this Court, the said amount shall be disbursed to the claimant, Sri Pankaj Jyoti Barman by the Registry after proper verification.

5. With the above observations, this Interlocutory Application is hereby disposed of.

JUDGE

Comparing Assistant