Allowed¶46

Rati Sarkar and Ors. v. United India Insurance Company Ltd.

Gauhati HC13 May 2025I.A.(Civil)/3428/2024

Case brief

AI extract

What is this about?

Gauhati High Court interim application; modification of stay order; conditional stay of money award — 50% deposit into Registry within 30 days; disbursement/withdrawal to claimant No. 1 against indemnity bond after due verification; MAC appeal MACApp. No. 136 of 2024 (United India Insurance Company Ltd. v. Rati Sarkar & Ors.); MACT Dhubri MAC Case No. 343 of 2015, award dated 21.12.2023, Rs. 10,56,000/-; Marli Vankung, J.; decided 14.05.2025.

What did the court decide?

Application allowed and disposed of: stay of execution of the MACT, Dhubri award dated 21.12.2023 (MAC Case No. 343 of 2015) made subject to deposit of 50% of the awarded amount (Rs. 10,56,000/-) into the Registry within 30 days; deposited amount to be disbursed to claimant No. 1 after due verification and on execution of an indemnity bond. ¶46

Rati Sarkar and Ors. Vs United India Insurance Company Ltd. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Court's Order dated 03.04.2024 in I.A.(Civil) No. 978 of 2024 (corresponding MACApp. No. 136 of 2024) staying execution of the award dated 21.12.2023 in MAC Case No. 343 of 2015 should be modified so that the stay is subject to deposit of 50% of the awarded amount. +1 more

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Court's answer

The Court found it fit to modify its Order dated 03.04.2024 passed in I.A.(Civil) No. 978 of 2024 (corresponding MACApp. No. 136 of 2024): the Judgment and Award dated 21.12.2023 passed by the learned MACT, Dhubri in MAC Case No. 343 of 2015 shall be stayed subject to deposit of 50% of the awarded amount into the Registry of this Court within 30 days from the date of the Order.

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Ratio / Principle

On deposit of 50% of the awarded amount of Rs. 10,56,000/-, the Registry is to disburse the deposited amount to claimant No. 1 after due verification and on execution of an indemnity bond.

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Detailed headnote1 paragraphs

Gauhati High Court (Marli Vankung, J., order dated 14.05.2025) in I.A.(Civil) No. 3428 of 2024, filed by claimants Rati Sarkar, Ratna Sarkar and minor Sankhadeep Sarkar (represented by his mother) against United India Insurance Company Ltd., seeking modification of the Court's Order dated 03.04.2024 in I.A.(Civil) No. 978 of 2024 (corresponding to MACApp. No. 136 of 2024), whereby the insurer's appeal against the Judgment and Award dated 21.12.2023 of MACT, Dhubri in MAC Case No. 343 of 2015 (Rs. 10,56,000/-) had been admitted and execution of the award stayed till disposal of the appeal without any deposit condition. Held: the stay shall remain subject to deposit of 50% of the awarded amount into the Registry of the Court within 30 days; on such deposit, the Registry to disburse the amount to claimant No. 1 after due verification and on execution of an indemnity bond. Application allowed and disposed of.

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GAHC010224952024

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

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Case No. : I.A.(Civil)/3428/2024

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RATI SARKAR AND ORS. W/O LATE SUSHIL SARKAR,

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VILL.- KHEERERKUT, JATESWAR, P.S.- FALAKATA, DIST.- ALIPURDUWAR, WEST BENGAL, PIN- 735211.

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2: RATNA SARKAR D/O LATE SUSHIL SARKAR

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VILL.- KHEERERKUT JATESWAR P.S.- FALAKATA DIST.- ALIPURDUWAR WEST BENGAL PIN- 735211.

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3: SANKHADEEP SARKAR S/O LATE SUSHIL SARKAR

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VILL.- KHEERERKUT JATESWAR P.S.- FALAKATA DIST.- ALIPURDUWAR WEST BENGAL PIN- 735211. (BEING MINOR REP. BY HIS LEGAL GUARDIAN MOTHER THAT IS APPLICANT NO. 1 )

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VERSUS

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UNITED INDIA INSURANCE COMPANY LTD.

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HAVING ITS REGISTERED OFFICE AND HEAD AT 24, WHITES ROAD, CHENNAI AND ITS REGIONAL OFFICE AT G.S. ROAD, DISPUR, GUWAHATI,

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AND REP. BY THE CHIEF REGIONAL MANAGER, REGIONAL OFFICE, G.S ROAD, DISPUR, GUWAHATI- 781005.

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Advocate for the Petitioner : MR. A R AGARWALA,

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Advocate for the Respondent : MR. R GOSWAMI, MR ADITYA AGARWALA

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Linked Case : MACApp./136/2024 UNITED INDIA INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AND HEAD AT 24 WHITES ROAD CHENNAI AND ITS REGIONAL OFFICE AT G.S. ROAD DISPUR GUWAHATI AND REP. BY THE CHIEF REGIONAL MANAGER REGIONAL OFFICE G.S ROAD DISPUR GUWAHATI- 781005. VERSUS RATI SARKAR AND 3 ORS. W/O LATE SUSHIL SARKAR VILL.- KHEERERKUT JATESWAR P.S.- FALAKATA DIST.- ALIPURDUWAR WEST BENGAL PIN- 735211.

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2:RATNA SARKAR W/O LATE RAMESWAR SARKAR

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VILL.- KHEERERKUT JATESWAR P.S.- FALAKATA DIST.- ALIPURDUWAR

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WEST BENGAL PIN- 735211. 3:SANKHADEEP SARKAR S/O LATE SUSHIL SARKAR VILL.- KHEERERKUT JATESWAR P.S.- FALAKATA DIST.- ALIPURDUWAR WEST BENGAL PIN- 735211. (BEING MINOR REP. BY HIS LEGAL GUARDIAN MOTHER THAT IS RESPONDENT NO. 1 ). 4:MONOJIT SAHA S/O SRI HARI PRASAD SAHA R/O WARD NO. 12 DHUBRI TOWN P.O. AND P.S.- DHUBRI DIST.- DHUBRI ASSAM PIN- 783301. -----------Advocate for : MR. R GOSWAMI Advocate for : MR. A R AGARWALA appearing for RATI SARKAR AND 3 ORS.

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Linked Case : I.A.(Civil)/978/2024

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UNITED INDIA INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AND HEAD AT 24 WHITES ROAD CHENNAI AND ITS REGIONAL OFFICE AT G.S. ROAD DISPUR GUWAHATI AND REP. BY THE CHIEF REGIONAL MANAGER REGIONAL OFFICE G.S ROAD DISPUR GUWAHATI- 781005. VERSUS

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RATI SARKAR AND 3 ORS. W/O LATE SUSHIL SARKAR VILL.- KHEERERKUT JATESWAR P.S.- FALAKATA DIST.- ALIPURDUWAR WEST BENGAL PIN- 735211.

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2:RATNA SARKAR W/O LATE RAMESWAR SARKAR

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VILL.- KHEERERKUT JATESWAR P.S.- FALAKATA DIST.- ALIPURDUWAR WEST BENGAL PIN- 735211.

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3:SANKHADEEP SARKAR S/O LATE SUSHIL SARKAR

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VILL.- KHEERERKUT JATESWAR P.S.- FALAKATA DIST.- ALIPURDUWAR WEST BENGAL PIN- 735211. (BEING MINOR REP. BY HIS LEGAL GUARDIAN MOTHER THAT IS RESPONDENT NO. 1 ). 4:MONOJIT SAHA S/O SRI HARI PRASAD SAHA

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R/O WARD NO. 12 DHUBRI TOWN P.O. AND P.S.- DHUBRI DIST.- DHUBRI ASSAM PIN- 783301. -----------Advocate for : MR. R GOSWAMI Advocate for : appearing for RATI SARKAR AND 3 ORS.

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B E F O R E

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HON’BLE MRS. JUSTICE MARLI VANKUNG ORDER

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14.05.2025

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Heard Mr. A.R. Agarwala, learned counsel for the applicant/appellant. Also heard Ms. P. Borthakur appearing on behalf of her senior Mr. R. Goswami.

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This is an application filed for the modification of this Court’s Order dated 03.04.2024 passed in I.A.(Civil) No. 978 of 2024 (corresponding MACApp. No. 136 of 2024, wherein this Court had stated the Judgment & Order dated 21.12.2023 of MAC Case No. 343 of 2015 till the disposal of the connected MACApp. No. 136 of 2024.

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The learned counsel submits that while admitting the appeal in this Court’s Order dated 03.04.2024, the Court had not passed any order for deposit of any amount of the awarded amount into this Court. The learned counsel submits that the stay of the execution of the award in the Judgment & Order dated 21.12.2023 may be subject to a condition that the Insurance Company deposit 50% of the awarded amount, which is the usual procedure in most of the cases where the execution of the judgment & award is made.

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Ms. P. Borthakur, learned counsel submits that they have no objection to the deposit of 50% of the awarded amount of Rs. 10,56,000/- passed by the learned Tribunal dated 21.12.2023 in MAC Case No. 343 of 2015.

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The learned counsel further prayed that the applicant/claimant No. 1 may

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be allowed to withdraw the said deposited amount, which is not objected by the learned counsel for the respondent/Insurance Company.

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Having considered the submissions made by the learned counsels for both the parties, this Court find it fit to pass and order modifying this Court’s Order dated 03.04.02024, passed in I.A.(Civil) No. 978 of 2024 (corresponding MACApp. No. 136 of 2024) that the Judgment and Award dated 21.12.2023 passed by the learned MACT, Dhubri, in MAC Case No. 343 of 2015 shall be stayed subject to the deposit of 50% of the awarded amount into the Registry of this Court within 30 days from the date of this Order.

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On the deposit of 50% of the awarded amount of Rs. 10,56,000/-, the Registry is to disburse the deposited amount to the claimant No. 1 after due verification and on the execution of an indemnity bond.

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Accordingly, I.A.(Civil) No. 3428 of 2024 stands allowed and disposed of.

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JUDGE

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Comparing Assistant

Rati Sarkar and Ors. v. United India Insurance Company Ltd.

Case brief

What is this about?

What did the court decide?

Rati Sarkar and Ors. v. United India Insurance Company Ltd.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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