The single judge released 75% of the awarded motor accident compensation deposit by the insurer towards the claimant after the insurer complied with the stay order.
Rs. 10,82,250/- deposited by opposite party released in favour of applicant on due identification.
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GAHC010233882019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 3473/2019
1:NOORJAHAN BEGUM
W/O LATE NAJRUL ISLAM, R/O WARD NO. 2, MANGALDOI TOWN, P.O. AND P.S. MANGALDOI, DIST. DARRANG, ASSAM.
VERSUS
1:CHOLAMANDALAM MS GENERAL INSURANCE CO LTD. REPRESENTED BY THE NORTH EAST STATE OFFICE AT ASTHA PLAZA 4TH FLOOR, OPPOSITE TO DEORAH COLLEGE BORA SERVICE, ULUBARI, G.S. ROAD, P.S. PALTANBAZAR, GUWAHATI DIST. KAMRUP (M), ASSAM
Advocate for the Petitioner : MR. R GOSWAMI
Advocate for the Respondent : MR. K K BHATTA
Linked Case : MACApp. 938/2018
1:CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD HAVING ITS REGISTERED OFFICE AT SHAW WALLACE BUILDING NO. 154 2ND FLOOR THAMBU CHETTY STREET CHENNAI-600001 AND NORTH EAST STATE OFFICE AT ASTHA PLAZA 4TH FLOOR OPPOSITE TO DEORAH COLLEGE BORA SERVICE ULUBARI GS ROAD GUWAHATI 781005
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VERSUS
1:SMTI NOORJAHAN BEGUM AND 2 ORS W/O LATE NAZRUL ISLAM RESIDENT OF WARD NO 2 MANGOLDOI TOWN PS MANGALDOI DIST DARRANG ASSAM 784125 2:SMTI. LIPIKA DEKA W/O SRI BASANTA DEKA RESIDENT OF KETAKIBARI DEKA CHUBURI PS TEZPUR DIST SONITPUR ASSAM 784001 OWNER 3:SRI KUMAR CHETRY S/O GOBIN CHETRY RESIDENT OF RUBBER BAGAN PS TEZPUR DIST SONITPUR ASSAM 784001 DRIVER
Advocate for the Petitioner : MR. K K BHATTA Advocate for the Respondent : MR. R GOSWAMI (R1)
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 22-11-2019
Heard Mr. R. Goswami, learned counsel for the applicant and Mr. K.K. Bhatta, learned counsel for the opposite party.
By this application, the applicant who is the claimant in MAC Case No. 1595/2014 and the respondent no. 1 in the connected MAC Appeal No. 938/2018, has prayed for release of 75% of the awarded amount of Rs. 14,43,000/- i.e. Rs. 10,82,250/- deposited by the
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opposite party, who is the appellant in the connected appeal, MAC Appeal No. 938/2018 before the Registry of this Court. The connected appeal, MAC Appeal No. 938/2018 has been preferred by the opposite party as the appellant, against a judgment and award dated 29.06.2018 passed by the learned Motor Accident Claims Tribunal No. 2, Kamrup (M), Guwahati (“the Tribunal”, in short) in MAC Case No. 1595/2014. By the said judgment and award dated 29.06.2018, the learned Tribunal has awarded an amount of Rs. 14,43,000/along with interest thereon, with a direction to the opposite party-appellant who is the insurer of the offending vehicle bearing registration no. AS 12/E-6575, to make payment of the awarded amount. This Court by an order dated 16.11.2018, has admitted the appeal for hearing and by another order dated 16.11.2018 passed in I.A.(Civil) No. 3893/2018, has stayed the operation of the judgment and award dated 29.06.2018, subject to deposit of 75% of the awarded amount of Rs. 14,43,000/- before the Registry of this Court by the opposite party-appellant within a period of 6 (six) weeks.
In compliance of the said order dated 16.11.2018 passed in I.A.(Civil) No. 3893/2018, the opposite party-appellant has deposited 75% of the awarded amount of Rs. 14,43,000/i.e. Rs. 10,82,250/- before the Registry of this Court and it is the said deposited amount, the applicant by this application, has prayed for release of the same in her favour.
Mr. Bhatta, learned counsel for the opposite party-appellant has submitted that he has no objection if the said amount of Rs. 10,82,250/-, already deposited by the opposite party-appellant, is directed to be released in favour of the applicant. Upon consideration of the submission made by the learned counsel for the parties, it is ordered that the amount of Rs. 10,82,250/- deposited by the opposite party-appellant before the Registry of this Court, be released in favour of the applicant, Smt. Noorjahan Begum, wife of Late Najrul Islam on her due identification by her learned engaged counsel.
With the aforesaid direction, this I.A. stands disposed of.
JUDGE
Comparing Assistant
NOORJAHAN BEGUM
MANISH CHOUDHURY
As recorded by the court registry
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