Gauhati High Court
New India Assurance Co. Ltd vs Pallabi Saikia Dutta And 7 Ors on 18 August, 2025
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GAHC010175922024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2682/2025
NEW INDIA ASSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT 87
MAHATMA GANDHI ROAD
FORT
MUMBAI
AND ITS REGIONAL OFFICES AT STAR CITY COMPLEX
5TH FLOOR
LACHIT NAGAR
NEAR HANUMAN MANDIR
GUWAHATI-781005.
VERSUS
PALLABI SAIKIA DUTTA AND 7 ORS
W/O. LT. PRASANTA DUTTA
2:PANCHA PRAN DUTTA
S/O. LT. PRASANTA DUTTA
3:MAKHONI DUTTA
M/O. LT. PRASANTA DUTTA
ALL ARE R/O. JOYRAAPR
P/S. AND DIST. SIVASAGAR
PIN-785697
ASSAM.
4:RAM KUMAR R REEHAL
S/O. RULIARAM REEHAL
R/O. CHANDMARI
NAGALAND
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KOHIMA
PIN-797001.
5:ANIL KUMAR YADAV
S/O. PHOOL CHAND YADAV
R/O. VPO KACHAGAON
NEWADA
P/S. LINE BAZAR NEWADA
JAUNPUR
UP
PIN-222002.
6:THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
DISPUR
GUWAHATI-6
KAMRUP (M)
ASSAM
7:THE DISTRICT FOREST OFFICER
DIST. SIVASAGAR
ASSAM
8:ASSAM PROJECT ON FOREST AND BIODIVERSITY CONSERVATION
SOCIETY
ASSAM FOREST SCHOOL
JALUKBARI
GUWAHATI-14
KAMRUP
ASSAM
------------
Advocate for : MR. R K BHATRA
Advocate for : appearing for PALLABI SAIKIA DUTTA AND 7 ORS
BEFORE
HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER
ORDER
Date : 18.08.2025
Ms. A Biyani, learned counsel appearing on behalf of Mr. R.K Bhatra, for the
appellant is present.
Mr. R Boruah, learned counsel for respondent No. 1, 2 & 3 is present.
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Mr. T.R Gogoi, learned Government counsel for respondent No. 6 is present.
Mr. I Kalita, learned counsel for respondent No. 7 & 8 is present.
This is an application under Order 41 Rule 5 of the C.P.C praying for stay of the
operation of the impugned judgment and award dated 31.05.2024 passed by the Ld.
Member, M.A.C.T No. 1, Kamrup (M), Guwahati Assam in M.A.C Case No. 2416/2019.
The learned counsel for the appellant has submitted that the grounds taken by
the appellant in the connected appeal/petition are valid grounds and the appeal is
likely to succeed, and accordingly prays that the impugned judgment and award may
be stayed, in the interest of justice.
It is also prayed that the appellant may be allowed to deposit Rs. 2,28,000/-
which is the award under the conventional head as the quantum of the award has
been challenged on valid grounds which have not been considered by the Ld. Trial
Court and have already been taken in the appeal memo.
At this stage, Mr. R Boruah, learned counsel for respondent No. 1, 2 &
3/claimants, who has filed a Caveat petition and the same had expired due to no fault
of his but because of non listing of the said petition within the prescribed period,
submits that the law is well-settled that deductions cannot be made from the amount
of compensation on account of pensionary benefits or gratuity or grant of employment
to a kin of the deceased. He has admitted that these pensionary benefits and gratuity
are the property of the deceased and more in the nature of deferred wages.
Therefore, he has submitted that the appellant may be directed to deposit 50% of the
awarded amount as a condition for staying the impugned judgment and award.
The Court has considered the submissions made by the learned counsel for the
parties and is of the view that the impugned judgment and award dated 31.05.2024
passed by the Ld. Member, M.A.C.T No. 1, Kamrup (M), Guwahati Assam in M.A.C Case No.
2416/2019 may be stayed on the condition that the appellant shall deposit the award under
the conventional head i.e. Rs. 2,28,000/- before the Registry of this Court within a period of
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60 days from the date of this order.
JUDGE
Comparing Assistant
