Partly allowed

National Insurance Company Limited v. Smt Bina Rani Nath and 2 Ors.

Gauhati HC3 Jan 2020I.A.(Civil)/2646/2018

Case brief

AI extract

What is this about?

The court recalled an order erroneously passed in a different file number regarding the deposit of compensation. It stayed the Employees' Compensation Commission's award, conditional on the applicant depositing the admitted sum of Rs. 8,66,120 within six weeks.

What did the court decide?

Stay of impugned award of EC Commission subject to deposit of admitted Rs. 8,66,120/- within 6 weeks.

National Insurance Company Limited Vs Smt Bina Rani Nath and 2 Ors. — Insurance | Gauhati HC (2020)

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Page No.# 1/4

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GAHC010049252018

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

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Case No. : MFA 104/2018

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1:NATIONAL INSURANCE COMPANY LIMITED SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA REGISTERED HEAD OFFICE AT 3., MIDDLETON STREET CALCUTTA700071, REPRESENTED BY THE ASSISTANT MANAGER, GAUHATI REGIONAL OFFICE, BHANGAGARH, GUWAHATI 781005

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VERSUS

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1:SMT BINA RANI NATH AND 2 ORS W/O LATE BROJENDRA NATH

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RESIDENT OF VILLAGE AND PO TILTHAI, PS PANISAGAR, DISTRICT NORTH TRIPURA, TRIPURA, 799260 PRESENTLY RESIDING AT C/O BABUL NATH VILLAGE MOHANPUR PT-II, PO KATIRAIL PS KATIGORAH DISTRICT CACHAR, ASSAM 788150

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2:MISS MALOBIKA NATH D/O LATE BROJENDRA NATH RESIDENT OF VILLAGE AND PO TILTHAI PS PANISAGAR DISTRICT NORTH TRIPURA TRIPURA 799260 PRESENTLY RESIDING AT C/O BABUL NATH VILLAGE MOHANPUR PT-II PO KATIRAIL PS KATIGORAH DISTRICT CACHAR ASSAM 788150

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3:SRI SHANTI SARKAR S/O LATE MAHAN SARKAR (M.SARKAR) MAA ENGINEERING WORKS

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BEHARBARI N R SRIRAM KANTA GUWAHATI KAMRUP M ASSAM 78102

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Advocate for the Petitioner : MS. R D MOZUMDAR

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Advocate for the Respondent : MR. M TALUKDAR

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Linked Case : I.A.(Civil) 2646/2018

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1:NATIONAL INSURANCE COMPANY LIMITED

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SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA REGISTERED HEAD OFFICE AT 3. MIDDLETON STREET CALCUTTA-700071 REPRESENTED BY THE ASSISTANT MANAGER GAUHATI REGIONAL OFFICE BHANGAGARH GUWAHATI 781005

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VERSUS

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1:SMT BINA RANI NATH AND 2 ORS

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W/O LATE BROJENDRA NATH RESIDENT OF VILLAGE AND PO TILTHAI PS PANISAGAR DISTRICT NORTH TRIPURA TRIPURA 799260 PRESENTLY RESIDING AT C/O BABUL NATH VILLAGE MOHANPUR PT-II PO KATIRAIL PS KATIGORAH DISTRICT CACHAR ASSAM 788150

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PS KATIGORAH DISTRICT CACHAR ASSAM 788150

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3:SRI SHANTI SARKAR S/O LATE MAHAN SARKAR (M.SARKAR) MAA ENGINEERING WORKS BEHARBARI N R SRIRAM KANTA GUWAHATI KAMRUP M ASSAM 781029

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Advocate for the Petitioner : MS. R D MOZUMDAR Advocate for the Respondent : MR. M TALUKDAR

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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 : 03-01-2020

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Heard Ms. R. Mozumdar, learned counsel for the applicant. Also heard Mr. M. Talukdar, learned counsel for the Opposite Parties Nos. 1 and 2 and Mr. D. Mondal, learned counsel for the Opposite Party No. 3.

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This matter has been brought before this court by mentioning the matter. It is submitted that by order dated 18.12.2019, this Court had allowed the applicant to deposit the admitted amount of Rs.8,66,120/- before the Registry of this Court within a period of 6 weeks. However, instead of the said order being typed out in this case i.e. I.A.(C) No. 2646/2018, the said order was inadvertently passed in IA(C) 2645/2018. It is submitted that the said IA(C) No. 2645/18 was an application for condonation of delay, which was already disposed of by an order dated 27.09.2019. Hence, she has submitted that to avoid future complications, a fresh order be passed in this case.

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Accordingly, upon hearing the learned counsel for the Opposite Parties Nos. 1, 2 and 3, the order dated 18.12.2019 passed in IA(C) No. 2645/18 stands recalled and the separate order is being passed in this case.

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As the connected appeal has been admitted for hearing, this court is inclined to stay the operation of the impugned order and award dated 18.08.2017 passed by the learned Commissioner, Employees’ Compensation in EC case No. 26/2016, subject to condition that the applicant shall deposit the admitted amount of Rs.8,66,120/-

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(Rupees Eight lakh sixty-six thousand one hundred and twenty only) before the Registry of this Court within the period of 6 (six) weeks from today.

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JUDGE

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Comparing Assistant

National Insurance Company Limited v. Smt Bina Rani Nath and 2 Ors.

Case brief

What is this about?

What did the court decide?

National Insurance Company Limited v. Smt Bina Rani Nath and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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