The court allowed the claimant to withdraw 30% of the motor accident compensation amount deposited by the insurer in court, subject to execution of a bond.
Direction to release 30% of the deposited amount to the claimant on execution of a bond.
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GAHC010275412023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3610/2023
DINESH CH. RAY AND ANR S/O LATE BARADA KT. RAY, VILL.- BALADMARI BIHU FIELD, GOALPARA TOWN, P.O.- BALADMARI, P.S.- GOALPARA, DIST.- GOALPARA, ASSAM, PIN- 783121.
2: PRABHATI RAY W/O DINESH CH. RAY
VILL.- BALADMARI BIHU FIELD GOALPARA TOWN
P.O.- BALADMARI P.S.- GOALPARA
DIST.- GOALPARA ASSAM PIN- 783121
VERSUS
NATIONAL INSURANCE COMPANY LIMITED AND 2 ORS HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, G.S. ROAD, GUWAHATI- 781005 REPRESENTED BY THE CHIEF REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE.
2:ARINDAM SARKAR S/O LATE AMAR KR. SARKAR
R/O WARD NO. 4 GOURIPUR
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P.O.- GOURIPUR P.S.- GOURIPUR DIST.- DUBRI ASSAM PIN- 783331. 3:ASHRAFUL HOQUE S/O MIAZUDDIN VILL.- GERAMARI PT- 1 P.O.- GOURIPUR P.S.- GOURIPUR DIST.- DUBRI ASSAM PIN- 783331
Advocate for the Petitioner : MR. P HAZARIKA
Advocate for the Respondent : MR T KALITA
BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG
ORDER
Date : 05-03-2024
Heard Mr. P. Hazarika, learned counsel for the applicant/respondent(claimant). I have also head Mr. T. Kalita, learned counsel for the opposite party /appellant and Mrs. K. Devi, learned counsel on behalf of respondent no. 4.
This is an application filed by the applicant praying for a direction to allow the applicant/claimant to withdraw 30% of the awarded amount deposited
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by the opposite party/appellant before the Registry of this Court.
By an order dated 28.04.2023, this Court while staying the operation of the impugned judgment and award dated 10.01.2023 had directed the opposite party/appellant to deposit 30 % of the awarded amount before the Registry of this Court. In compliance of the said order dated 28.04.2023, the opposite party/appellant, i.e., National Insurance Company Limited had deposited an amount of Rs.23,51,868/- before the Registry of this Court on 09.06.2023.
By this application, the applicant seeks for a direction for release of the said amount. The opposite party /appellant has no objection to the release of the 30% of the awarded amount, however submits that the amount may be released on execution of bond.
In view of the above, the applicant/claimant is allowed to withdraw 30% of the awarded amount deposited by the National Insurance Company Limited.
The Registry is directed to release 30 % of the awarded amount deposited by the National Insurance Company Limited to the applicant/claimant, Dinesh Ch. Ray, after proper verification and on being identified by their learned counsel and on execution of a bond of like amount.
With the above, this IA stands allowed and disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the claimant is entitled to withdraw 30% of the awarded amount deposited in court pending appeal?
DINESH CH. RAY AND ANR
Budi Habung
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
