Gauhati High Court
Page No.# 1/6 vs The New India Assurance Co. Ltd on 5 June, 2024
Page No.# 1/6
GAHC010015662023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/576/2023
PUJA DAS AND ANR.
W/O- LATE DIPJYOTI @ DIPJUTI DAS, RESIDENT OF VILL.- PACHIM
GHILANI, P.S. KAMPUR, DIST. NAGAON, ASSAM
2: KALPANA DAS
W/O LATE RANJIT DAS
RESIDENT OF VILL.- PACHIM GHILANI
P.S. KAMPUR
DIST. NAGAON
ASSA
VERSUS
THE NEW INDIA ASSURANCE CO. LTD.
REPRESENTED BY ITS REGIONAL MANAGER, G.S. ROAD, ULUBARI, P.O.-
GUWAHATI-781007, DIST-KAMRUP (M) (ASSAM)
Advocate for the Petitioner : MR. A R AGARWALA
Advocate for the Respondent : MR. A J SAIKIA
Linked Case : MACApp./327/2022
THE NEW INDIA ASSURANCE CO. LTD.
HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE
BUILDING
87 MAHATMA GANDHI ROAD
FORT
Page No.# 2/6
MUMBAI-400001 AND ONE OF THE REGIONAL OFFICE AT STAR CITY
COMPLEX
5TH FLOOR
M.S.S. PATH
LACHIT NAGAR
GUWAHATI-781007 AND VARIOUS DIVISIONAL
BRANCH AND MICRO OFFICES THROUGHOUT THE COUNTRY.
VERSUS
PUJA DAS AND 3 ORS.
W/O- LATE DIPJYOTI @ DIPJUTI DAS
PERMANENT RESIDENT OF VILL.- PACHIM GHILANI
P.S. KAMPUR
DIST. NAGAON
ASSAM
PIN- 782426 AND TEMPORARY RESIDENT OF C/O- MONOWARA KHATUN
KATAHBARI
P.S. GORCHUK
DIST. KAMRUP(M)
ASSAM
PIN- 781035.
2:KALPANA DAS
W/O- LATE DIPJYOTI @ DIPJUTI DAS
PERMANENT RESIDENT OF VILL.- PACHIM GHILANI
P.S. KAMPUR
DIST. NAGAON
ASSAM
PIN- 782426 AND TEMPORARY RESIDENT OF C/O- MONOWARA KHATUN
KATAHBARI
P.S. GORCHUK
DIST. KAMRUP(M)
ASSAM
PIN- 781035.
3:RAJGIR BARUAH
S/O- MR. J.N. BARUAH
C/O- B. KHAN
R/O- BELTOLA TINIALI
SANKARDEV NETRALAYA BELTOLA
P.S. BASISTHA
GUWAHATI
KAMRUP(M)
ASSAM
PIN- 781028.
4:MD. NIAM UDDIN AHMED
S/O- LATE GIAS UDDIN AHMED
Page No.# 3/6
R/O- VILL.- AMINPATTY
P.O. NAGAON
P.S. NAGAON SADAR
DIST. NAGAON
ASSAM
PIN- 782001.
------------
Advocate for : MR. A J SAIKIA
Advocate for : MR. A R AGARWALA (r-1) appearing for PUJA DAS AND 3 ORS.
Linked Case : I.A.(Civil)/1843/2023
THE NEW INDIA ASSURANCE CO. LTD.
HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE
BUILDING
87 MAHATMA GANDHI ROAD
FORT
MUMBAI-400001 AND ONE OF THE REGIONAL OFFICE AT STAR CITY
COMPLEX
5TH FLOOR
M.S.S. PATH
LACHIT NAGAR
GUWAHATI-781007 AND VARIOUS DIVISIONAL
BRANCH AND MICRO OFFICES THROUGHOUT THE COUNTRY.
VERSUS
PUJA DAS AND 3 ORS.
W/O- LATE DIPJYOTI @ DIPJUTI DAS
PERMANENT RESIDENT OF VILL.- PACHIM GHILANI
P.S. KAMPUR
DIST. NAGAON
ASSAM
PIN- 782426 AND TEMPORARY RESIDENT OF C/O- MONOWARA KHATUN
KATAHBARI
P.S. GORCHUK
DIST. KAMRUP(M)
ASSAM
PIN- 781035.
2:KALPANA DAS
W/O- LATE DIPJYOTI @ DIPJUTI DAS
PERMANENT RESIDENT OF VILL.- PACHIM GHILANI
P.S. KAMPUR
DIST. NAGAON
Page No.# 4/6
ASSAM
PIN- 782426 AND TEMPORARY RESIDENT OF C/O- MONOWARA KHATUN
KATAHBARI
P.S. GORCHUK
DIST. KAMRUP(M)
ASSAM
PIN- 781035.
3:RAJGIR BARUAH
S/O- MR. J.N. BARUAH
C/O- B. KHAN
R/O- BELTOLA TINIALI
SANKARDEV NETRALAYA BELTOLA
P.S. BASISTHA
GUWAHATI
KAMRUP(M)
ASSAM
PIN- 781028. OWNER OF INVOLVED VEHICLE NO. AS-01-AZ-5840 (TOYOTA
ETIOS CAR)
4:MD. NIAM UDDIN AHMED
S/O- LATE GIAS UDDIN AHMED
R/O- VILL.- AMINPATTY
P.O. NAGAON
P.S. NAGAON SADAR
DIST. NAGAON
ASSAM
PIN- 782001. DRIVER OF INVOLVED VEHICLE NO. AS-01-AZ-5840 (TOYOTA
ETIOS CAR)
------------
Advocate for : MR. A J SAIKIA
Advocate for : MR. A R AGARWALA appearing for PUJA DAS AND 3 ORS.
BEFORE
HONOURABLE MRS. JUSTICE MARLI VANKUNG
ORDER
Date : 05.06.2024
Heard Mr. A. R. Agarwala, learned counsel for the applicant along with Mr.
A. J. Saikia, learned counsel for the opposite party/Insurance Company.
The instant I.A. is for the release of the 50% of the awarded amount
deposited in compliance with the order dated 24.06.2022 passed by this Court
in I.A.(C) No.1826/2022 (Corresponding MAC Appeal No.327/2022).
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The MAC Appeal No.327/2022 is filed against the Judgment and Order
dated 27.11.2020, passed by the learned Member, M.A.C.T No.3, Kamrup
(Metro) awarding compensation of Rs.13,19,600/-(Rupees Thirteen lakh
Nineteen thousand Six hundred only).
The learned counsel for the applicant submits that this matter has been
pending since 27.11.2020, wherein the incident occurred on 03.12.2016, which
cause the death of the victim in the accident caused by the vehicle No. AS-
01/AZ-5840 (Toyota Etios Car).
The learned counsel submits that since the matter has been pending for a
long time and the claimants No.1 and 2/applicant are facing great financial
hardships, they may be allowed to withdraw the 50% of the deposited amount
without any fixed deposit.
Mr. A. J. Saikia, learned counsel for the opposite party, New India
Assurance Company Limited, submits that the withdrawal is strongly objected
since the incident did not occur due to any fault of the incident vehicle No. AS-
01/AZ-5840 (Toyota Etios Car), but the deceased victim by riding his own motor
cycle, had fallen into a river and, therefore, the Insurance Company is not liable
since their vehicle was not involved in the instant incident.
I have heard the submission made by the learned counsels for both the
parties. This Court considering the fact that the incident had occurred way back
in 2016 which resulted in the death of the victim, find it fit that 50% of the
deposited amount may be allowed to be withdrawn by the claimants, with an
undertaking that it the appeal against the Judgment and Order dated
24.06.2022 passed by the learned Member, M.A.C.T No.3, Kamrup (Metro) in
MAC Appeal No.327/2022 is allowed and set aside, the 50% of the deposited
amount, withdrawn by the applicant would be returned/refunded to the
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Insurance Company.
The 50% of the deposited amount is to release to claimants No.1 and 2
without any fixed deposit after due verification by the Registry.
Accordingly, I.A.(Civil) No.576/2023 stands disposed as above.
JUDGE
Comparing Assistant
