Rashida Begum and 4 Ors v. New India Assurance Co. Ltd

ORDER

12.08.2024

Heard Mr. D. Mondal, learned counsel for the applicants/respondents and Mr. A. Acharya, learned counsel for the opposite party/appellant.

¶2This application, is preferred by 7 applicants for directing the Registry of this Court to release 30% of the awarded amount deposited by the opposite party in compliance to order dated 06.09.2021, passed in I.A.(C) No. 727/2021, arising out of MAC Appeal No. 80/2021, in favour of the applicants along with accrued interest on the deposited amount.

¶3Mr. Mondal, learned counsel for the applicants submits that while admitting the appeal against the judgment and award, passed by the learned Member, Motor Accident Claims Tribunal, Barpeta, in MAC Appeal No. 138/2019, this Court was pleased to direct the opposite party/appellant to deposit 30% of the awarded amount before the Registry of this Court and pursuant to the said order, the opposite party/appellant had deposited 30% of the awarded amount, i.e. Rs. 5,80,080/- before the Registry of this Court and that this application is preferred for directing the Registry of this Court to release the said 30% of the awarded amount. Page No.# 3/3

¶4Per-contra, Mr. Acharya, learned counsel for the opposite party has opposed the petition on the ground that the deceased was a gratuitious passenger in a mini truck, which was no authorized to carry any passenger and that once the amount is released, it would be difficult to recover in the event of allowing the appeal preferred by the opposite party herein.

¶5Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition as well as the documents placed on record and also perused the order of this Court dated 06.09.2021, passed in I.A.(C) No. 727/2021.

¶6Having considered all the facts and circumstances as well as the submissions of learned counsel for both the parties, and also the statement, object and reason behind enacting the M.V. Act which is a social welfare piece of legislation, this Court is inclined to allow the application.

¶7Accordingly, it is provided that on furnishing a bond of equal amount, the amount deposited before the Registry of this Court shall be released in favour of the applicants.

¶8In terms of above, this I.A. Stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010101982024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1560/2024o RASHIDAoBEGUMoANDo4oORSo W/OoLATEoRAFIKoALI,oR/OoVILL.oKANDAPARAoUNDERoP.O.oKADONG,oP.S.o BARPETA,oDIST.oBARPETA,oASSAM,o781314 VERSUSo NEWoINDIAoASSURANCEoCO.oLTD.o AoCO.oREGISTEREDoUNDERoTHEoCOMPANIESoACT,o1956oREPRESENTEDoBYo ITSoREGIONALoMANAGER,oG.S.oROAD,oGUWAHATI-7 2:RUFIDAoKHATUNo(MINORoDAUGHTER) oD/OoLATEoRAFTIKoALI oR/OoVILL.oKANDAPARAoUNDERoP.O.oKADONG oP.S.oBARPETA oDIST.oBARPETA oASSAMo781314 3:RUBIAoKHATUNo(MINORoDAUGHTER) oD/OoLATEoRAFIKoALI oR/OoVILL.oKANDAPARAoUNDERoP.O.oKADONG oP.S.oBARPETA oDIST.oBARPETA oASSAMo781314 4:JAMIRANoNESSAo(MOTHER) oM/OoLATEoRAFIKoALI oR/OoVILL.oKANDAPARAoUNDERoP.O.oKADONG oP.S.oBARPETA oDIST.oBARPETA oASSAMo781314 5:TAHAJoUDDINo(FATHER) oF/OoLATEoRAFTIKoALI o(RESPONDENToNO.o2oANDo3oBEINGoMINORoAREoREPRESENTEDoBYoTHEIRo Page No.# 2/3 NATURAL GUARDIAN I.E.MOTHER RASHIDA BEGUM THE RESPONDENT NO. 1) R/O VILL. KANDAPARA UNDER P.O. KADONG P.S. BARPETA DIST. BARPETA ASSAM 78131 Advocate for the Petitioner : MR. M AHMED, Advocate for the Respondent : MR. A ACHARYA, MR. A ACHARYA BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN