Disposed

Pramila Bala Roy v. M/S United India Insurance Co. Ltd.

Gauhati HC13 May 2019I.A.(Civil)/1409/2019

Case brief

AI extract

What is this about?

This interim order in an SBI Insurance matter directs the appellant insurance company to deposit 50% of the awarded compensation towards a deceased husband's claim before the Registry within six weeks, enabling the applicant to withdraw upon deposit.

What did the court decide?

Opposite party/Appellant M/S United India Insurance Company Limited is directed to deposit 50% of the awarded amount before the Registry of this Court within a period of six weeks.

Pramila Bala Roy Vs M/S United India Insurance Co. Ltd. — Insurance | Gauhati HC (2019)

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Page No.# 1/2

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GAHC010086682019

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THE GAUHATI HIGH COURT

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

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Case No. : I.A.(Civil) 1409/2019

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1:PRAMILA BALA ROY

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W/O LATE RAJENDRA NATH SARKAR, VILL. LAKHIMARI PT. III, P.S. GOLAKGANJ 783334, DIST. DHUBRI, ASSAM.

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VERSUS

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1:M/S UNITED INDIA INSURANCE CO. LTD. REPRESENTED BY THE CHIEF REGIONAL MANAGER, G.S. ROAD, BHANGAGARH, GUWAHATI 781005

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Advocate for the Petitioner : MR. A R AGARWALA

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Advocate for the Respondent : MR. A AHMED

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BEFORE HONOURABLE MR. JUSTICE NELSON SAILO

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ORDER

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Date : 13-05-2019

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Heard Mr. A.R. Agarwala, the learned counsel for the applicant, who submits that the applicant by filing this application seeks for a direction to the opposite party/appellant Insurance Company to deposit 50% of the awarded amount by the Tribunal vide Judgment & Order dated 07.10.2017 passed in MAC Case No. 133/2016.

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The learned counsel submits that a claim application was filed by the applicant praying for compensation on account of the death of her husband in a motor accident on 28.10.2015. He submits that the claim application was allowed by the Tribunal by awarding a sum of Rs.

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7,80,200/- to the claimant along with interest @ 9% per annum from the date of filing the claim application.

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The learned counsel submits that the applicant/claimant was totally dependent upon her deceased husband and as such, she is entitled to the compensation. However, the appeal was admitted without any direction to the appellant Insurance Company to deposit some amount of the compensation as a condition for stay.

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Mr. A. Ahmed, the learned counsel on the other hand submits that since the opposite party/appellant has challenged the appeal on the ground that the Tribunal has committed an error in awarding excessive compensation by wrongly calculating the amount of compensation for each and every component including the conventional heads. He therefore submits that instead of allowing the appeal, Court may hear the entire appeal on merit.

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Upon considering the submission made by the rival parties as well as upon considering the ground taken by the appellant in the memorandum of appeal, I am of the considered view that ends of justice will be met if the opposite party/appellant Insurance Company is directed to deposit 50% of the awarded amount pending disposal of the appeal.

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In view of above, the opposite party/appellant M/S United India Insurance Company Limited is directed to deposit 50% of the awarded amount before the Registry of this Court within a period of 6 (six) weeks from today.

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The applicant/respondent No. 1 shall be at liberty to withdraw the same as and when the same is deposited on proper identification and as per usual formalities.

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The I.A. stands disposed of.

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JUDGE

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Comparing Assistant

Pramila Bala Roy v. M/S United India Insurance Co. Ltd.

Case brief

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Pramila Bala Roy v. M/S United India Insurance Co. Ltd.

Case brief

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