United India Insurance Co Ltd v. Pollobi @Pallabi Saikia and 5 Ors

ORDER

05.08.2024

Heard Mr. K.K. Bhatta, learned counsel for the applicant and Mr. A. Bhattacharyya, learned counsel for the opposite party Nos. 1 – 4.

¶2This interlocutory application is preferred by the applicant, United India Insurance Company Limited for staying the operation of the judgment and award Page No.# 3/3 dated 01.10.2022, passed by learned Member, MACT No. 2, Kamrup, in MAC Case No. 1943/2019.

¶3It is to be noted here that vide impugned judgment and award dated

01.10.2022, the learned trial court had directed the applicant, United India Insurance Company Limited to pay a sum of Rs. 67,34,360/- together with 7.5% interest from the date of filing of the petition, i.e. 05.08.2019, till realization.

¶4It is also to be noted here that the connected appeal has already been admitted and the record has already been called for.

¶5The learned counsel for the applicant submits that the deceased was an employee, who died in harness and as per the scheme of the Government, notified vide notification bearing No. FEG.28/2017/26, dated 14.09.2017, there will be no loss of income of the family members of the deceased inasmuch as the family pension will be equal to 100% of the last pay drawn by the deceased employee to be paid for a period to the date of deemed superannuation of the deceased employee and as such, it is contended that the stay may be granted, subject to depositing 20% of the awarded amount before the Registry of this Court.

¶6Having considered the submissions of learned counsel for both the parties, it is provided that the operation of the impugned judgment and award dated 01.10.2022, is stayed. However the applicant shall deposit 20% of the awarded amount before the Registry of this Court and upon depositing the said amount the respondent Nos. 1 – 4 are allowed to withdraw the same within a period of 4 (four) weeks from today, without any writer.

¶7In terms of above, this I.A. stands closed.

JUDGE Comparing Assistant

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