Smti Parashmoni Bora and Anr. v. Oriental Insurance Co. Ltd.

Gauhati HC11 Sept 2019I.A.(Civil)/2235/2019

Case brief

AI extract

What is this about?

The Gauhati High Court modified the conditions of a previous order regarding the deposit of 50% of a motor accident award. Instead of the earlier higher allocation, the Court directed Rs. 4 lakh for the minor daughter and Rs. 2 lakh for the principal applicant via fixed deposits, with remaining funds released upon proper identification.

What did the court decide?

Modified the order dated 10.06.2019 to direct deposit of Rs. 4 lakh for the minor and Rs. 2 lakh for the principal applicant in fixed deposits.

Smti Parashmoni Bora and Anr. Vs Oriental… — Civil Procedure and Limitation | Gauhati HC (2019)

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Page No. 1/5

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GAHC010151422019

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

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Case No. : I.A.(Civil) 2235/2019

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1:SMTI PARASHMONI BORA AND ANR.

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W/O LATE BIKASH BORA, R/O VILL-DAHOTIA, P.S.-PULIBOR, DISTJORHAT, ASSAM

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2: MISS GANGOTRI GANGA BORA

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D/O LATE BIKASH BORA R/O VILL-DAHOTIA P.S.-PULIBOR DIST-JORHAT

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ASSAM (BEING MINOR REPRESENTED BY HER NATURAL GUARDIAN APPLICANT NO.1

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VERSUS

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1:ORIENTAL INSURANCE CO. LTD.

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HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A25/27, ASAF ALI ROAD, NEW DELHI-110002 AND REGIONAL OFFICE AT GUWAHATI-781007 (REPRESENTED BY ITS REGIONAL OFFICE)

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Advocate for the Petitioner : MR D MONDAL

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Advocate for the Respondent : MR SISHIR DUTTA

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Linked Case : I.A.(Civil) 1891/2019

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1:ORIENTAL INSURANCE COMPANY LTD.

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HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A 25/27 ASAF ALI ROAD

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NEW DELHI 110002 AND REGIONAL OFFICE AT GUWAHATI - 7 REPRESENTED BY THE REGIONAL MANAGER

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VERSUS

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1:SMT. PARASHMONI BORA and 4 ORS

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Page No. 2/5

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W/O LATE BIKASH BORA R/O VILL. DAHOTIA P.S. PULIBOR DIST. JORHAT ASSAM 2:SMTI. GANGOTRI GANGA BORA REPRESENTED BY SMT. PARASHMONI BORA D/O LATE BIKASH BORA R/O VILL. DAHOTIA P.S. PULIBOR DIST. JORHAT ASSAM 3:SRI JASBIR SINGH S/O SARDAR SAMSHER SINGH C/O SHOP No.16 PATHERKUCHI ROAD W/No. 56 H/No. 18 BELTOLA GUWAHATI-28 DIST-KAMRUP(M) ASSAM(OWNER OF VEHICLE NO. AS-01Q-6102) 4:SRI MAHENDRA SARANIA S/O GOLOK SARANIA VILL. MAITHABARI DISTRICT BASKA. (DRIVER OF THE VEHICLE No. AS-01Q-6102)

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5:SMT. LILY BORA W/O GANESH BORA R/O VILL. DAHOTIA P.S. PULIBOR DIST. JORHAT ASSAM Advocate for the Petitioner : MR. S DUTTA Advocate for the Respondent : MR. D MONDAL

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Linked Case : MACApp. 307/2019

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1:ORIENTAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A 25/27 ASAF ALI ROAD

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NEW DELHI 110002 AND REGIONAL OFFICE AT GUWAHATI - 7 REPRESENTED BY THE REGIONAL MANAGER

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Page No. 3/5

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VERSUS

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1:SMT. PARASHMONI BORA and 4 ORS W/O LATE BIKASH BORA R/O VILL. DAHOTIA P.S. PULIBOR DIST. JORHAT ASSAM 2:SMTI. GANGOTRI GANGA BORA REPRESENTED BY SMT. PARASHMONI BORA D/O LATE BIKASH BORA R/O VILL. DAHOTIA P.S. PULIBOR DIST. JORHAT ASSAM

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3:SRI JASBIR SINGH S/O SARDAR SAMSHER SINGH C/O SHOP No.16 PATHERKUCHI ROAD W/No. 56 H/No. 18 BELTOLA GUWAHATI-28 DIST-KAMRUP(M) ASSAM(OWNER OF VEHICLE NO. AS-01Q-6102)

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4:SRI MAHENDRA SARANIA S/O GOLOK SARANIA VILL. MAITHABARI DISTRICT BASKA. (DRIVER OF THE VEHICLE No. AS-01Q-6102) 5:SMT. LILY BORA W/O GANESH BORA R/O VILL. DAHOTIA P.S. PULIBOR DIST. JORHAT ASSAM

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Advocate for the Petitioner : MR. S DUTTA Advocate for the Respondent : MR. D MONDAL

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Page No. 4/5

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BEFORE

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HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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Date : 11-09-2019

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Heard Mr. D. Mondal, learned counsel for the applicant. Also heard Mr. Sishir Dutta, learned Senior Counsel appearing for the respondent No.1 and 2/claimant.

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The learned counsel for the applicant submits that by order dated 10.06.2019, direction was given in the connected I.A. (C) 1891/2019 for keeping an amount of Rs.7,00,000/- (Rupees Seven Lakh only) in 14 fixed deposit account of Rs.50,000/- each in the name of the applicant No.2 herein and further direction was issued that an amount of Rs.3,00,000/- (Rupees Three Lakh only) be kept in fixed deposit account in the name of the applicant No.1 herein and the balance amount was to be released to the applicant after identification. It is further submitted that this Court was inclined to stay the enforcement of the award dated 19.05.2016 in MAC Case No. 34/2013 passed by the learned Member MACT, Sonitpur, Tezpur, subject to condition that the Opposite Party herein should deposit 50% of the award as well as interest before the Registry of this court within 6 (six) weeks from the date of this order. It is submitted that as per order dated 10.06.2019 passed in I.A.(C) 1891/2019, the amount to be kept in fixed deposit would exceed the sum of Rs.7,12,500/-, being 50% of the awarded principal sum.

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Considering the said submissions, this Court is inclined to modify the condition contained in the order dated 10.06.2019 in I.A(C) No. 1891/2019 to the following effect:-

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(1) The Registry shall now keep an amount of Rs.4.00 lakh in 8 fixed deposit account of Rs.50,000/- each in the name of the Applicant No.2 herein, the minor daughter of Applicant No.1 herein for a term till she attains majority.

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(2) A further amount of Rs.2.00 lakh may be kept in a fixed deposit account in the name of the Applicant No.1 herein for a period of 3 years.

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(3) The fixed deposit may be made in a nationalized bank where banking is convenient to the Applicants.

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Page No. 5/5

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(4) The balance amount of deposit, together with interest accrued in respect of 50% of award i.e. Rs.7,12,500/- should be released to the Applicant No. 1 upon her proper identification.

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The conditions contained in order dated 10.06.2019 passed in I.A. (C) No.1891/20019 stands modified in terms of this order. Accordingly, this order shall be read as a part of the said order dated 18.06.2019.

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Accordingly, this application stands disposed of.

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JUDGE

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Comparing Assistant

Smti Parashmoni Bora and Anr. v. Oriental Insurance Co. Ltd.

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Smti Parashmoni Bora and Anr. v. Oriental Insurance Co. Ltd.

Case brief

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