Magma Hdi Gen Insurance Co Ltd v. Kabita Goenka and 4 Ors (B)

ORDER 24-06-2024 Heard Shri R. Goswami, learned counsel for the applicant/appellant, who by means of this application has prayed for stay of the operation of the impugned judgment and award dated 05.08.2023 passed by the learned Member, Motor Accident Claims Tribunal, Dibrugarh, Assam in MAC Case No. 36 of 2022. The connected appeal has been admitted today. Page No.# 3/3 Shri Goswami, the learned counsel has informed that the entire awarded amount has been deposited in the Registry of this Court. Considering the above aspect, this Court directs that pending disposal of the appeal, the impugned judgment and award dated 05.08.2023 passed by the learned Member, Motor Accident Claims Tribunal, Dibrugarh shall remain suspended. Shri Gupta, learned counsel makes a prayer for release of the amount in question. He has also contended that since the amount which has been deposited in the Registry would be in a current account which would not accrue any interest, the aforesaid aspect should also be considered by this Court. After hearing, it is directed that 50% of the award presently be released to the respondent no. 1 on being duly identified by her counsel. The aspect of the interest which would be considered at the appropriate stage. IA stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010010852024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o LinkedoCaseo:oI.A.(Civil)/1906/2024 ooooooooooooooooooInoMACoApp.oNo.o311/2024 MAGMAoHDIoGENoINSURANCEoCOoLTD HAVINGoITSoREGISTEREDoOFFICEoAToMAGMAoHOUSEoNO.o24 oPARKoSTREET oKOLKOTTA-o700016oANDoBRANCHoOFFICEoATo2NDoFLOOR oF-FORT oSOUTHoSARANIA oULUBARI oG.S.oROAD oGUWAHATIoASSAM-o781007. oVERSUS KABITAoGOENKAoANDo4oORSo(B) W/OoSRIoSANJAYoKUMARoGOENKA oR/OoA.ToROAD oNEARoBOIoBANK oP.O.oANDoP.S.-oBARBARUAH oDIST.-oDIBRUGARH oASSAM oPIN-o786007. 2:MANVIoGOENKA D/OoSRIoSANJAYoKUMARoGOENKA o R/OoA.ToROAD oNEARoBOIoBANK oP.O.oANDoP.S.-oBARBARUAH oDIST.-oDIBRUGARH oASSAM oPIN-o786007. o3:KHUSHIoGOENKA D/OoSRIoSANJAYoKUMARoGOENKA Page No.# 2/3 R/O A.T ROAD NEAR BOI BANK P.O. AND P.S.- BARBARUAH DIST.- DIBRUGARH ASSAM PIN- 786007. 4:RISHIRAJ KHANIKAR S/O LATE DILIP KHANIKAR VILL.- DEHAJAN JURIA GAON DEHAJAN HABI DAKSHIN PACHIMPARA JHILO P.O.- DEMOW DIST.- SIVASAGAR ASSAM PIN- 785662. 5:DEBOJIT KALITA S/O SRI BHABA KANTA KALITA R/O MORAN TOWN P.O.- MORAN DIST.- DIBRUGARH ASSAM PIN- 785670. ------------ Advocate for : MR. R GOSWAMI Advocate for : appearing for KABITA GOENKA AND 4 ORS (B) BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI