Gauhati High Court
Smti. Pinky Lahon @ Pinki Lahon vs The National Insurance Company Limited on 13 February, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/5
GAHC010167062019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Civil)/1693/2023
SMTI. PINKY LAHON @ PINKI LAHON
W/O- LATE MANOJ LAHON
R/O- HARANCHWAR
CHATIA GAON
P.O. HARANCHARA
P.S. TEOK
DIST.- JORHAT
ASSAM
PRESENTLY RESIDING AT MANGALDOI POLICE RESERVE
VERSUS
THE NATIONAL INSURANCE COMPANY LIMITED
REGISTERED HEAD OFFICE AT 3
MIDDLETON STREET
CALCUTTA- 700071
REPRESENTED BY THE MANAGER
GUWAHATI REGIONAL OFFICE
BHANGAGARH
GUWAHATI- 781005
------------
Advocate for : MR D MONDAL
Advocate for : MS R D MAZUMDAR appearing for THE NATIONAL INSURANCE
COMPANY LIMITED
In MACApp./114/2023
THE NATIONAL INSURANCE COMPANY LIMITED
REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA-
Page No.# 2/5
700071, REP. BY THE MANAGER, GAUHATI REGIONAL OFFICE,
BHANGAGARH, GUWAHATI- 781005.
VERSUS
SMTI. PINKY LAHON AND 3 ORS
W/O- LATE MANOJ LAHON, R/O- HARANCHWAR, CHATIA GAON, P.O.
HARANCHARA, P.S. TEOK, DIST.- JORHAT, ASSAM, PIN- 785112.
2:SRI JAYANTA MADHAB BORAH
S/O- SRI JAGESWAR BORAH
R/O- CHAKALIBARI GAON
P.O. AND P.S. TEOK
DIST.- JORHAT
ASSAM
PIN- 785112. (OWNER OF VEHICLE NO. AS-03F-0713).
3:SRI HARI CH. SAIKIA
S/O- LATE PADMA SAIKIA
C/O- MANAS KHOUND
R/O- CHEROTIA GAON
P.S. AND P.O. JORHAT
DIST.- JORHAT
ASSAM
PIN- 785001. (DRIVER OF VEHICLE NO. AS-03F-0713).
4:SRI BIJIT BORTHAKUR
S/O- SIDDANANDA BORTHAKUR
R/O- HANCHARA
CHURAMONI GAON
P.O. HANCHARA
JANJHI
P.S. TEOK
DIST.- JORHAT
ASSAM
PIN- 785683. (OWNER OF VEHICLE NO. AS-03-5080)
Advocate for the applicant(s): Mr. D Mondal
Advocate for the respondent(s): Mr. SP Sharma
Page No.# 3/5
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
13.02.2025
Heard Mr. D Mondal, the learned counsel appearing on behalf of the
applicant. Mr. SP Sharma, the learned counsel appears on behalf of the
respondents.
2. This is an application filed by the applicant who is the claimant seeking
release of the amount of 50% of the awarded amount which has been
deposited by the appellant Insurance Company in compliance with the order
dated 31.03.2023 passed in MAC Appeal No.114/2023.
3. This Court had heard the learned counsel appearing on behalf of the
claimant as well as the learned counsel appearing on behalf of the appellant. It
is seen from the judgment and award dated 17.01.2019 passed in MAC Case
No.40/2014 that an amount of Rs.20,29,552/- was awarded as compensation
with interest thereon @5% per annum from the date of filing of the claim
petition i.e. 31.07.2014 after deducting the portion of interim relief if already
paid.
4. The learned Tribunal had further observed that the accrued interest shall be
paid to the claimant namely, Smti Pinky Lahon @ Pinki Lahon exclusively and
further apportioned the amounts to be paid. The apportionment so made was:
(i) Pinky Lahon: Rs.9,29,552/-(ii) Raj Lahon: Rs.4,00,000/-, (iii) Tanmoi Lahon:
Rs.4,00,000/- and the (iv) Mother of deceased: Rs.3,00,000/-. It was further
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mentioned that an amount of Rs.4,00,000/- out of the share of the amount
payable to the claimant Smti Pinky Lahon will be fixed in a Nationalized Bank for
a period of 6(six) years and the rest amount along with accrued interest would
be paid to the claimant Smti Pinky Lahon in cash. The amount payable to the
two minor sons shall be kept in Fixed Deposits till both of them attain the age of
21 years and the amount to be paid to the mother of the deceased be given to
her by cheque.
5. Taking into account the judgment and decree dated 17.01.2019 and further
50% of the said amount had already been deposited. It has been submitted by
Mr. D Mondal, the learned counsel appearing on behalf of the claimant that
mother of the deceased had expired on 15.12.2019 during the pendency of the
present appeal. Under such circumstances, her share has to be divided equally
amongst the claimants as well as to her two sons equally.
6. It has been submitted by the learned counsel appearing on behalf of the
claimant that an amount of Rs.10,14,776/- was deposited. Taking into account
the manner in which the awarded amount was to be apportioned and kept and
further in view of the death of the mother of the deceased, the entitlement of
the claimant as well as her two sons to the share of the mother of the
deceased, this Court directs the Registry to release Rs.4,00,000/- to the
claimant by transferring it to her Bank Account and the remaining amount be
kept in a fixed deposit of a Nationalized Bank in the name of the claimant Smti
Pinky Lahon @ Pinki Lahon which shall be initially for a period of 1(one) year
and depending upon the pendency of the present appeal based upon the
subsequent order. The amount of Rs.4,00,000/- as directed be paid to the
claimant Smti Pinky Lahon@ Pinki Lahon upon proper identification and
verification of her details and on furnishing of the Bank details before the
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Registry of this Court.
7. An indemnity bond be obtained from the claimant at the time of the release
of the amount.
8. In terms of the above, the present Interlocutory application stands
disposed of.
JUDGE
Comparing Assistant
