Srimati Bharati Deka and 2 Ors v. United India Insurance Co. Ltd

ORDER

22.08.2024

Heard Mr. D. Mondal, learned counsel for the applicants/claimants. Also heard Mr. A.Borkataki, learned counsel for respondent No. 3. This is an application under Section 151 CPC seeking resending of the Trial Court Record (TCR) to the Motor Accident Claims Tribunal No. 2, Kamrup (Metro), Guwahati. The facts of the case is that the applicants/claimants as appellants have preferred an appeal before this Court assailing the Judgment and Award dated

18.04.2018 passed by the Member, Motor Accident Claims Tribunal No. 3, Kamrup (Metro) in MAC Case No. 2487/2012 for enhancement of the impugned awarded. By the said judgment, the opposite party i.e. United India Insurance Company Limited was directed by the learned Tribunal to pay the awarded sum with interest within three months. However, in the meantime, the claimants as appellants have preferred the present appeal which was admitted for hearing and upon admission and called for the TCR, the same was received by this Court. In the meantime, during the pendency of the present appeal, the opposite party, United India Insurance Company Limited has deposited the awarded Page No.# 4/4 amount with interest in terms of the impugned Judgment and Award before the MACT. However, since the TCR is not available with the jurisdiction MACT, the learned Member was not in a position to release the deposited awarded amount in favour of the applicants/claimants. Situated thus, the present Interlocutory Application has been filed for resending the TCR in order to enable the jurisdictional MACT to release the deposited awarded amount in favour of the applicants/claimants. It appears that the order sought for is necessary in the ends of justice to enable the MACT to release the deposited awarded amount. Accordingly, it is directed that the TCR be sent back to the Motor Accidents Claims Tribunal No. 2, Kamrup(Metro), Guwahati and after releasing the deposited awarded payment in favour of the applicants/claimants, the case record be sent back to the Registry of this Court. With the aforesaid directions and observations, the Interlocutory Application stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010103252024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2010/2024o SRIMATIoBHARATIoDEKAoANDo2oORSo W/OoLATEoTANKESWARoDEKA,oR/OoVILL.oNO.o1,oMOHMARIoVILL.,oP.S.o DULIAJAN,oDIST.oDIBRUGARH,oASSAM. 2:oSRIoPALLABoDEKA oS/OoLATEoTANKESWARoDEKA oR/OoVILL.oNO.o1oMOHMARIoVILL. oP.S.oDULIAJAN oDIST.oDIBRUGARH oASSAM. 3:oSRIoPRANABoDEKA oS/OoLATEoTANKESWARoDEKA oR/OoVILL.oNO.o1oMOHMARIoVILL. oP.S.oDULIAJAN oDIST.oDIBRUGARH oASSAMo VERSUSo UNITEDoINDIAoINSURANCEoCO.oLTD.o REPRESENTEDoBYoTHEoCHIEFoREGIONALoMANAGER,oREGIONALoOFFICEo AToGUWAHATI,oDIST.oKAMRUPo(M),oASSAM-781005o(INSURERoOFoTHEo VEHICLEoNO.oAS-06/L-2507oCOVERoNOTEoNO.oGRO/176655oVALIDoFROMo 15.03.2012oUPTOo14.03.203) AdvocateoforotheoPetitionerooooo:oMRoDoMONDAL,o AdvocateoforotheoRespondento:oMRoAoBORKATAKI,oo Page No.# 2/4 Linked Case : MACApp./686/2018 SRIMATI BHARATI DEKA AND 2 ORS W/O LATE TANKESWAR DEKA R/O VILL. NO. 1 MOHMARI VILL. P.S. DULIAJAN DIST. DIBRUGARH ASSAM. 2: SRI PALLAB DEKA S/O LATE TANKESWAR DEKA R/O VILL. NO. 1 MOHMARI VILL. P.S. DULIAJAN DIST. DIBRUGARH ASSAM. 3: SRI PRANAB DEKA S/O LATE TANKESWAR DEKA R/O VILL. NO. 1 MOHMARI VILL. P.S. DULIAJAN DIST. DIBRUGARH ASSAM. VERSUS SRI SACHIN ROY AND 2 ORS S/O SRI BINOY ROY VILL. BORDUBI BAZAR P.S. BORDUBI DIST. TINSUKIA ASSAM-786151 (OWNER OF THE VEHICLE NO. AS-06/L-2507) 2:SRI RANJIT DEKA S/O SRI JOGESH DEKA VILL. BORDUBI BAZAR P.S. BORDUBI DIST. TINSUKIA ASSAM 786151 (DRIVER OF THE VEHICLE NO. AS-06/L-2507) 3:UNITED INDIA INSURANCE CO. LTD. REPRESENTED BY THE CHIEF REGIONAL MANAGER REGIONAL OFFICE AT GUWAHATI DIST. KAMRUP (M) ASSAM-781005 (INSURER OF THE VEHICLE NO. AS-06/L-2507 COVER NOTE NO. GRO/176655 VALID FROM 15.03.2012 UPTO 14.03.203) Page No.# 3/4 ------------ Advocate for : MR D MONDAL Advocate for : MR. A BARKATAKI (R3) appearing for SRI SACHIN ROY AND 2 ORS B E F O R E HON'BLE MR. JUSTICE KAUSHIK GOSWAMI