Single judge order allowing applicants to withdraw 50% of deposited claim amount, with directions to open FDRs for minor children.
Prayer to allow withdrawal of 50% of awarded amount deposited by Insurance Company allowed; two FDRs opened for minors.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010116922021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1739/2021
SMT GITALI LAHKAR AND 3 ORS
W/O LATE GAJEN LAHKAR @ GAJENDRA RESIDENT OF VILL-TULSIBARI, P.O. AND PS-RANGIA, DIST-KAMRUP ASSAM
2: PRAGYAN LAHKAR
S/O LATE GAJEN LAHKAR @ GAJENDRA RESIDENT OF VILL- TULSIBARI P.O. AND PS- RANGIA
DIST- KAMRUP ASSAM (MINOR REPRESENTED BY APPLICANT 1)
D/O LATE GAJEN LAHKAR @ GAJENDRA RESIDENT OF VILL- TULSIBARI P.O. AND PS- RANGIA
DIST- KAMRUP ASSAM (MINOR REPRESENTED BY APPLICANT 1)
W/O LATE DHARANIDHAR LAHKAR RESIDENT OF VILL- TULSIBARI P.O. AND PS- RANGIA
DIST- KAMRUP ASSA
VERSUS
THE ORIENTAL INSURANCE COMPANY LTD
A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 REPRESENTED BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI781007
Advocate for the Petitioner : MR D MONDAL
Advocate for the Respondent : MR SISHIR DUTTA
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Linked Case : MACApp./172/2020
ORIENTAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A-25/27 ASAF ALI ROAD NEW DELHI-110002 AND REGIONAL OFFICE AT GUWAHATI-07 REPRESENTED BY THE REGIONAL MANAGER VERSUS SMT GITALI LAHKAR AND 4 ORS W/O LATE GAJEN LAHKAR @ GAJENDRA RESIDENT OF TULSIBARI PS RANGIA DIST KAMRUP ASSAM 2:SRI PRAGYAN LAHKAR S/O LATE GAJEN LAHKAR @ GAJENDRA RESIDENT OF TULSIBARI PS RANGIA DIST KAMRUP ASSAM TO BE REPRESENTED BY RESPONDENT NO. 1 3:MISS BHASWATI LAHKAR D/O LATE GAJEN LAHKAR @ GAJENDRA RESIDENT OF TULSIBARI, PS RANGIA DIST KAMRUP ASSAM TO BE REPRESENTED BY RESPONDENT NO. 1 4:SMTI. LABONGO LAHKAR,W/O LATE DHARANIDHAR LAHKAR RESIDENT OF TULSIBARI PS RANGIA DIST KAMRUP ASSAM 5:SRI DHARMENDRA SARANIA S/O SARBESWAR SARANIA, R/O UPPER LUHITPUR, KHARGHULI, GUWAHATI 781004 PERMANENT RESIDENT OF VILLAGE PACHIM ATHIABARI PO ATHIABARI, DIST NALBARI ASSAM OWNER AND DRIVER OF VEHICLE NO AS-01/BA- 2780 -----------Advocate for : MR S DUTTA
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Advocate for : appearing for SMT GITALI LAHKAR AND 4 ORS
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 2.2.2023
Heard Mr. D. Mandal, learned counsel for the applicants and Mr. S. Dutta, learned counsel for the respondent.
The present application is filed with a prayer to allow the claimants to withdraw 50% of the awarded amount deposited by the Insurance Company before the Registry of this court, under this Court’s order dated 11.12.2020 passed in MAC Appl. 172/2020. Such prayer is not being objected by the learned counsel for the appellant, is allowed. However, it is provided that out of the amount deposited, two FDRs of Rs. 2 lac each in the names of applicant Nos. 2 and 3, the minor children of the deceased be opened for a period till they attain majority.
Accordingly in terms of above, IA stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the claimants are to be allowed to withdraw 50% of the deposited amount from the insurance company.
Smt Gitali Lahkar and 4 Ors
The Oriental Insurance Company Ltd
Arun Dev Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
