This order allows the applicant to withdraw Rs 5 Lakhs from the deposited insurance award amount of Rs 10.43 Lakhs, subject to furnishing a bond.
Claimant allowed to withdraw Rs 5,00,000 from deposited amount; must furnish bond.
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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GAHC010000112023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/60/2023
TIRTHAMAI PATAR AND 4 ORS. W/O- LATE RAJU PATAR, RESIDENTS OF VILL.- BHOGDOLA, P.S. AND DIST.- MORIGAON, ASSAM AND PRESENTLY RESIDING AT C/OMONOWARA KHATUN, KATAHBARI, P.S. GARCHUK, DIST.- KAMRUP(M), ASSAM.
2: RUPJYOTI PATAR S/O- LATE RAJU PATAR RESIDENTS OF VILL.- BHOGDOLA P.S. AND DIST.- MORIGAON ASSAM PIN 782127. BEING MINOR REPRESENTED BY APPLICANT NO. 1 (MOTHER)
3: MUNMI PATAR D/O- LATE RAJU PATAR RESIDENTS OF VILL.- BHOGDOLA P.S. AND DIST.- MORIGAON ASSAM PIN 782127. BEING MINOR REPRESENTED BY APPLICANT NO. 1 (MOTHER) 4: SIMANTA@ SIMATATA PATAR S/O- LATE RAJU PATAR RESIDENTS OF VILL.- BHOGDOLA P.S. AND DIST.- MORIGAON ASSAM PIN 782127. BEING MINOR REPRESENTED BY APPLICANT NO. 1 (MOTHER) 5: DIPALI PATAR W/O- GAJEN PATAR RESIDENTS OF VILL.- BHOGDOLA
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P.S. AND DIST.- MORIGAON ASSAM PIN 782127
VERSUS
NATIONAL INSURANCE CO. LTD
HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET, KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI-5, ASSAM
Advocate for the Petitioner : MR. A R AGARWALA
Advocate for the Respondent : MR. R K BHATRA
:: BEFORE ::
HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
O R D E R
15.05.2023
Heard Mr. A.R. Agarwala, learned counsel for the applicants. Also heard Mr. R.K. Bhatra, the learned counsel representing the opposite party Insurance Company.
This is an application praying for withdrawal of `10,43,000/- (Rupees Ten Lakh Forty-Three Thousand) i.e. 50% of the awarded amount.
I have heard learned counsels of both sides at length.
After hearing both sides, the claimant/respondent no.1 is allowed to withdraw `5,000,00/- (Rupees Five Lakhs) only from the deposited amount.
With the aforesaid direction, the Interlocutory Application stands
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disposed of.
The claimant(s) are to furnish bond also.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the applicant can withdraw a portion of the deposited insurance award amount.
Tirthamai Patar and 4 Ors.
National Insurance Co. Ltd.
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
