Parul Hazarika and 2 Ors v. Baleswar Prasad Gupta and 3 Ors

ORDER Date : 08.02.2023

Heard Mr. M. Dutta, learned counsel for the petitioner. By this petition under Article 227 of the Constitution of India, the petitioners have challenged the legality and validity of the order, dated 13.12.2022, passed in Petition No. 2883/2022, arising out of MAC Case No. 79/2014 by the learned Member, MACT, Golaghat. The brief fact of the case is that the claimants/petitioners filed a claim petition before the MACT, Golaghat, which was allowed on contest, vide judgment and award dated 15.02.2018, by directing the respondent Insurance Company to pay Rs. 29,91,772/- to the petitioners. Thereafter, being aggrieved with the said judgement, Page No.# 3/4 the respondent Insurance Company preferred an MAC Appeal before this Court, which was dismissed vide judgment and order, dated 03.03.2022. After dismissal of the MAC appeal, the respondent Insurance Company deposited an amount of Rs.25,70,957/- towards the balance amount in full and final settlement of the claim case. Subsequently, the claimants/petitioners filed Petition No. 2883/2022 before the Member, MACT, Golaghat, praying for allowing them to withdraw the deposited amount and the same was allowed. The learned Member, MACT, however, observed that the shares of the petitioner Nos. 2 and 3 be kept in a Nationalized Bank for a period of five years. Being aggrieved with the said order, the claimants/petitioners filed this instant petition. The relevant portion of the order, dated 13.12.2022, is extracted as hereinbelow:- "Heard the petitioners. Taking note of all the facts and circumstances, the prayer is allowed. The balance awarded amount along with the interest amounting to Rs. 25,70,957/- (Rupees Twenty Five Lakh Seventy Thousand Nine Hundred Fifty Seven) only be paid to the claimant Nos. 1, 2 & 3 in equal shares. It is further ordered that the shares of the awarded amount of the claimants No. 2 and 3 namely Priyanka Hazarika and Partha Protim Hazarika are to be kept in fixed deposit scheme, in a Nationalized Bank near their permanent residence for a period of 5 (five) years." The record reveals that both the petitioner Nos. 2 and 3 are aged about 29 and 27 years respectively and, as such, their consent was necessary for depositing their share of award in fixed deposits. There is no evidence to show that their consent was obtained to keep their respective share of award in fixed deposit schemes for a period of 5 (five) years in a Nationalized Bank, which the learned Tribunal omitted to consider seemingly through inadvertence. Page No.# 4/4 Therefore, the prayer of the petitioners to withdraw their respective shares of compensation award is hereby allowed. With the above, this petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010017312023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/38/2023o PARULoHAZARIKAoANDo2oORSo W/OoLATEoRANAoJAGADISHoHAZARIKA,oR/OoMOINAPARAo(NEARoDHASIRIo BRIDGE),oP.O.-MORANGI,oP.S.-GOLAGHAT,oDIST-GOLAGHAT,oASSAM 2:oMISSoPRIYANKAoHAZARIKA oD/OoLATEoRANAoJAGADISHoHAZARIKA oR/OoMOINAPARAo(NEARoDHASIRIoBRIDGE) oP.O.-MORANGI oP.S.-GOLAGHAT oDIST-GOLAGHAT oASSAM 3:oPARTHAoPROTIMoHAZARIKA oS/OoLATEoRANAoJAGADISHoHAZARIKA oR/OoMOINAPARAo(NEARoDHASIRIoBRIDGE) oP.O.-MORANGI oP.S.-GOLAGHAT oDIST-GOLAGHAT oASSAo VERSUSo BALESWARoPRASADoGUPTAoANDo3oORSo S/OoS.oPRASADoGUPTA,oR/OoCHANMARIoCOLONY,oP.O.-KOHIMA,oDIST-o KOHIMAo(NAGALAND),oAToPRESENToR/OoNEARoSATYAoNARAYANo SERVICE,oGOTAoNAGAR,oGUWAHATI,oDIST-oKAMRUPo(M),oASSAM 2:SHAKTIoPRASADoSAHANI oS/OoG.oSAHANI oR/Oo150oCOLLINoSTREET oKOLKATA oWESToBENGAL oPIN-700016 Page No.# 2/4 3:RELIANCE GENERAL INSURANCE CO. LIMITED ABC G.S. ROAD GUWAHATI DIST-KAMRUP (M) ASSAM PIN-781005 REPRESENTED BY ITS BRANCH MANAGER 4:ORIENTAL INSURANCE COMPANY LIMITED GOLAGHAT BRANCH G.F. ROAD P.O.-GOLAGHAT DIST- GOLAGHAT ASSAM PIN-785621 REPRESENTED BY ITS BRANCH MANAGE Advocate for the Petitioner : MR. M DUTTA Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR