Gauhati High Court

Page No.# 1/4 vs Oriental Insurance Company Ltd on 8 May, 2025

                                                                            Page No.# 1/4

GAHC010234812024




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

                                  Case No. : I.A.(Civil)/3464/2024

            SMTI ILI DEVI
            W/O KUMUD SARMA
            VILLAGE KOCHPARA MIRZA
            PS PALASBARI DIST KAMRUP R ASSAM
            781125

            2: SMTI LABANYA SARMA
            W/O LATE ARUP SARMA
            VILLAGE KOCHPARA MIRZA
            PS PALASBARI DIST KAMRUP R ASSAM
            781125

            3: SRI NILARNAB KASHYAP
             S/O LATE ARUP SARMA
            VILLAGE KOCHPARA MIRZA
            PS PALASBARI DIST KAMRUP R ASSAM
            78112

            VERSUS

            ORIENTAL INSURANCE COMPANY LTD
            A CENTRAL GOVERNMENT UNDERTAKING HAVING ITS REGIONAL
            OFFICE AT GUWAHATI,ULUBARI, GUWAHATI-781007, REPRESENTED BY
            THE DEPUTY GENERAL MANAGER, GAUHATI REGIONAL OFFICE



Advocate for the Petitioner   : MR. P SUNDI,

Advocate for the Respondent : ,
                                                    Page No.# 2/4


Linked Case : MACApp./623/2018

ORIENTAL INSURANCE COMPANY LTD
A CENTRAL GOVERNMENT UNDERTAKING HAVING ITS REGIONAL OFFICE
AT GUWAHATI
ULUBARI
GUWAHATI-781007
REPRESENTED BY THE DEPUTY GENERAL MANAGER
GAUHATI REGIONAL OFFICE


VERSUS

SRI KUMUD SARMA AND 5 ORS
S/O LATE RATNESWAR SARMA
VILLAGE KOCHPARA MIRZA
PS PALASBARI DIST KAMRUP R ASSAM
781125

2:SMTI ILI DEVI
W/O KUMUD SARMA
VILLAGE KOCHPARA MIRZA
PS PALASBARI DIST KAMRUP R ASSAM
781125

 3:SMTI LABANYA SARMA
W/O LATE ARUP SARMA
VILLAGE KOCHPARA MIRZA
PS PALASBARI DIST KAMRUP R ASSAM
781125

 4:SRI NILARNAB KASHYAP
S/O LATE ARUP SARMA
VILLAGE KOCHPARA MIRZA
PS PALASBARI DIST KAMRUP R ASSAM
781125

5:SRI JYOTIRMOY SALOI
S/O M SALOI
VILLAGE CHOUDHURYPARA
PS CHHAYGAON
DISTRICT KAMRUP R ASSAM 781141

6:SATTAR ALI
S/O HUSSAIN ALI
VILLAGE HATIGAON
PS PALASBARI
                                                                                  Page No.# 3/4

              DISTRICT KAMRUP R ASSAM
              781122
               ------------
              Advocate for : MS. R D MOZUMDAR
              Advocate for : MR. P SUNDI (R1-R4) appearing for SRI KUMUD SARMA AND 5
              ORS



                                    BEFORE
                        HONOURABLE MR. JUSTICE BUDI HABUNG

                                           ORDER

Date : 08.05.2025

1. Heard Mr. P Sundi, learned counsel for the applicant/claimant.

2. By an order dated 27.09.2024, while disposing of the MACApp./623/2018, this Court directed the Oriental Insurance Company Ltd. to pay the compensation amount of Rs 9,65,449/- being a final awarded amount to the claimant/respondent, as per the mode of disbursement, mentioned in the judgment and order dated 16.03.2018.

3. The learned counsel for the applicant submits that before passing of the above order dated 27.09.2024, the claimant No. 1, namely Sri. Kumud Sarma, the father of the deceased, expired on 30.12.2020. This fact was not informed to him at the time of disposal of the appeal.

4. By this application, the applicant is seeking direction to the effect, that since the claimant No. 1 Kumud Sarma is no more (since deceased) his share be given to the claimant No. 2, namely Smt. Ili Devi, wife of the claimant of 1. Lt. Kumud Sarma. In support of his submission, the petitioner has also annexed the death certificate of claimant No. 1 Lt. Kumud Sarma.

5. The prayer is considered and allowed.

6. The Registry is directed to release the share of the claimant No. 1 Lt. Kumud Sarma to the claimant No. 2 Smt. Ili Devi. .

7. With the above observations, this Interlocutory Application stands disposed of.

Page No.# 4/4

JUDGE

Comparing Assistant