Anu Khatun and 3 Ors v. M/S United India Insurance Company Limited

PageoNo.#o1/3 GAHC010065242023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/840/2023o ANUoKHATUNoANDo3oORS.o W/OoLATEoMIRoHUSSAINoALI,o VILL.-oLOWERoMIRZAPUR,o P.S.-oAZARA,oDIST.-oKAMRUP,oASSAM. 2:oSONIAoBEGUM oD/OoLATEoMIRoHUSSAINoALI o VILL.-oLOWERoMIRZAPUR o P.S.-oAZARA oDIST.-oKAMRUP oASSAM. 3:oANISAoBEGUM oD/OoLATEoMIRoHUSSAINoALI o VILL.-oLOWERoMIRZAPUR o P.S.-oAZARA oDIST.-oKAMRUP oASSAM. 4:oMOMINAoKHATUN oM/OoLATEoMIRoHUSSAINoALI o VILL.-oLOWERoMIRZAPUR o P.S.-oAZARA oDIST.-oKAMRUP oASSAMo VERSUSo Page No.# 2/3 M/S UNITED INDIA INSURANCE COMPANY LIMITED. REGIONAL OFFICE, G.S. ROAD, GUWAHATI-5 REP. BY THE CHIEF REGIONAL MANAGER. Advocate for the Petitioner : MR. R BARUAH Advocate for the Respondent : MR. M DUTTA

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

09.02.2024

Heard Mr. A. Ikbal, learned counsel appearing for the applicants. Also heard Ms. S. Dev, learned counsel representing the respondent Insurance Company. The Insurance Company has already deposited 50% of the awarded amount in respect of MAC Appeal No.836/2022. The present application has been filed praying for leave to withdraw the said 50% of the awarded amount, which is lying deposited before the Registry of this Court. The Insurance Company has filed an objection stating that the driver of the alleged concerned vehicle did not have a valid licence to carry vehicle with hazardous substance. I have gone through the impugned judgment passed by the MACT No.2, Kamrup(M) in MAC Case No.1348/2017. Page No.# 3/3 This plea was earlier taken before the Tribunal and the Tribunal held that the Insurance Company failed to prove whether the cylinders carried by the truck were full of hazardous substance. I have decided to agree with the applicants that under the given circumstances of the case, they are entitled to receive the aforesaid 50% of the awarded amount, which is lying deposited in the Registry of this Court. Accordingly, the claimants/applicants are allowed to withdraw the 50% of the awarded amount which is lying deposited in the Registry of this Court with proper verification and identification. The Interlocutory Application is disposed of.

JUDGE Comparing Assistant