Gauhati High Court
Page No.# 1/4 vs Oriental Insurance Co Ltd And Ors on 12 March, 2025
Page No.# 1/4
GAHC010255742024
2025:GAU-AS:2647
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3871/2024
ON THE DEATH OF MAIZAN BEGUM HER LEGAL HEIRS RATUL HUSSAIN
AND 3 ORS
S/O LT KALU SHAIKH HUSSAIN, R/O VILL. 3 NO. PUB DAGAON, P.O. AND
P.S. BOKAKHAT, DIST. GOLAGHAT, ASSAM, PIN 785612
2: RUBUL HUSSAIN
S/O LT KALU SHAIKH HUSSAIN
R/O VILL. 3 NO. PUB DAGAON
P.O. AND P.S. BOKAKHAT
DIST. GOLAGHAT
ASSAM
PIN 785612
3: BABUL HUSSAIN
S/O LT KALU SHAIKH HUSSAIN
R/O VILL. 3 NO. PUB DAGAON
P.O. AND P.S. BOKAKHAT
DIST. GOLAGHAT
ASSAM
PIN 785612
4: RUKSHANA BEGUM
D/O LT KALU SHAIKH HUSSAIN
R/O VILL. 3 NO. PUB DAGAON
P.O. AND P.S. BOKAKHAT
DIST. GOLAGHAT
ASSAM
PIN 78561
VERSUS
ORIENTAL INSURANCE CO LTD AND ORS
HAVING ITS REGIONAL OFFICE AT GUWAHATI, ULUBARI, GUWAHATI
781007 REPRESENTED BY THE ASSTT. MANAGER, GAUHATI REGIONAL
Page No.# 2/4
OFFICE, ULUBARI, GUWAHATI 781007, KAMRUP (M), ASSAM.
2:SURENDRA CHOUDHURY
S/O LT. K.L. CHOUDHURY
R/O BARIDUA AMARIGOG
NEAR EAST PETROL PUMP
P.O. AMERIGOG
P.S. KHANAPRA
GUWAHATI
DIST. KAMRUP (M)
ASSAM
PIN 781023
3:SAHAR ALI
S/O MD. JAINUDDIN ALI
R/O VILL. BARIKATI
P.O. MATHTOLI
P.S. BOKO
DIST. KAMRUP
ASSAM
PIN 781136
4:KALU MOHAMMAD SEKH HUSSAIN
F/O LT. BIRUL HUSSAIN
R/O VILL. 3 NO. PUB DAGAON
P.O. AND P.S. BOKAKHAT
DIST. GOLAGHAT
ASSAM
PIN 78612
5:SWEETY KAPOOR HUSSAIN
W/O LT. BIRUL HUSSAIN
R/O VILL. 3 NO. PUB DAGAON
P.O. AND P.S. BOKAKHAT
DIST. GOLAGHAT
ASSAM
PIN 785612
6:SUHAIL HUSSAIN
S/O LATE BIRUL HUSSAIN
R/O VILL. 3 NO. PUB DAGAON
P.O. AND P.S. BOKAKHAT
DIST. GOLAGHAT
ASSAM
PIN 785612 (OPPOSITE PARTY NO 6 IS BEING MINOR REPRESENTED BY
OPPOSITE PARTY NO
Advocate for the Petitioner : MR G JALAN,
Page No.# 3/4
Advocate for the Respondent : MS. R D MOZUMDAR,
BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 12.03.2025
1. Learned counsel Mr. G.Jalan is present for the applicants Ratul Hussain,
Rubul Hussain, Babul Hussain and Rukshana Begum. Learned counsel Mr.
S.P.Sharma is present on behalf of the insurance company.
2. It is submitted by the applicant that this Court vide order dated
29.02.2024 passed in I.A.(Civil) No.3040/2022 directed the insurance company
to deposit 50% of the awarded amount in connection with MAC Appeal No.
989/2017. Vide Judgment and Award dated 06.03.2020, the learned Member,
MACT No.3, Guwahati directed the insurer to pay an award of Rs.53,83,744/-
with interest @ of 7.5 % per annum to the claimants/legal heirs of the
deceased. It is submitted by the applicant that mother of Maizan Begum died
on 16.04.2024. Being legal heirs, they have prayed for her share to be
withdrawn (Rs.8,45,936/-) Rupees Eight Lacs Forty Five Thousand Nine
Hundred and Thirty Six only).
3. The Judgment and Order passed by the learned Tribunal clearly reflects
that out of the total awarded amount, Rs.20,00,000/- (Rupees Twenty Lakhs) is
to be kept as Fixed Deposit in the name of the minor claimant, Suhail Hussain
and a sum of Rs.12,00,000/- (Rupees Twelve Lakhs) is to be paid to Maizan
Begum, mother of the deceased and the remaining amount is to be paid to the
claimant No. 1, Sweety Kapoor Hussain.
Page No.# 4/4
4. Considering the submissions at the Bar, the applicants who have submitted
the legal heirs certificate and the death certificate of Maizan Begum along with
the application are allowed to withdraw their share of Rs.8,45,936/- from the
Registry of this Court.
5. Registry is also directed to calculate the apportionment of the amount and
verify the documents to be submitted by the legal heirs of late Maizan Begum,
and thereafter allow withdrawal of their share submitted to be Rs.8,45,936/- .
6. In terms of the above observation, this interlocutory application stands
disposed of.
JUDGE
Comparing Assistant
