Miss Amirun Nessa and Ors v. Regional Manager United India Insurance Cio. Ltd. and Anr

ORDER Date : 02-09-2024

Heard Mr. K.R. Patgiri, learned counsel for the applicants. Also heard Mr. S. Dutta, learned counsel for the opposite parties.

¶2The learned counsel for the applicants submits that he may be allowed to withdraw Rs.25,000/- which was deposited by the Insurance Company as statutory amount for the realization the 9% interest per annum imposed on the awarded amount of Rs.1,66,000/- vide the Judgment dated 21.03.2012 in MAC.Appeal No.260/2006. He submits that the total of Rs.1,68,000/- has been received by the applicant and there remained some amount to be received by the applicants since the Insurance Company was directed to pay the sum of Page No.# 3/3 Rs. 1,66,000/- along with 9% interest per annum from the date of filing of the claimed application to the claimant.

¶3Mr. S. Dutta, learned counsel appearing for the Insurance Company submits that there is no clarity in the instant application filed by the applicant to the total amount to be received by the applicant. He submits that since the applicant has already received Rs.1.68,000/-, it is not know whether the applicant is still entitled to receive the statutory amount of Rs.25,000/- deposited by the Insurance Company.

¶4On hearing the submissions made by the learned counsels for both the parties, this court finds it appropriate to direct the applicant is to take steps to calculate the amount still due after receiving the sum of Rs.1,68,000/- in terms of the Judgment dated 21.03.2012, wherein the Insurance Company is to pay a sum of Rs.1,66,000/- along with 9% interest per annum from the date of filing of the claimed application to the claimant. Thereafter, the respondent/Insurance Company is to take necessary steps to pay the amount still due, if any, to the applicant wherein, the statutory amount of Rs.25,000/- deposited in this Registry, may be withdrawn by the applilcant if found due.

¶5The instant I.A. No. I.A.(Civil)/1499/2019 stand disposed of with the above direction. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010079692019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1499/2019 MISS AMIRUN NESSA and ORS W/O MD. RUSTOM ALI, VILL. 2 NO. MADA, P.O. CHAKCHAKA, P.S. SARBHOG, DIST. BARPETA, PIN 781317, ASSAM. VERSUS REGIONAL MANAGER UNITED INDIA INSURANCE CIO. LTD. AND ANR UNITED INDIA INSURANCE CO. LTD. CHRISTIAN BASTI, GUWAHATI, ASSAM, PIN 781007 2:MD. GIYASUDDIN AHMED S/O LATE ABDUL GANI VILL. LACHIMA P.S. MUKALMUA DIST. NALBARI PIN 781126 ASSAM Advocate for the Petitioner : MR G SARMA, MR. K R PATGIRI Advocate for the Respondent : MR S DUTTA, MR. C SHARMA Linked Case : MACApp./260/2006 UNITED INDIA INSURANCE CIO. LTD. REGD. OFFICE AT 24 WHITES ROAD CHENNAI-14 AND REGIONAL OFFICE AT GUWAHATI. Page No.# 2/3 VERSUS MISS AMIRUN NESSA and ORS W/O MD. RUSTOM ALI VILL 2 NO. MEDA PS-SORBHOG DIST - BARPETA ASSAM. 2:2. MD. GIYASUDDIN AHMED S/O LATE ABDUL GANI VILL-LACHIMA PS-MUKALMUA DIST - NALBARI ASSAM. OWNER OF THE VEHICLE NO.AS-01/P-2194. ------------ Advocate for : MR.R KAUR Advocate for : appearing for MISS AMIRUN NESSA and ORS BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG