Priya Dev and Anr v. The New India Assurance Co . Ltd . and 2 Ors

ORDER Date : 05-03-2024 Heard Mr. R. Boruah, learned counsel for the applicant/claimant. I have also heard Ms. M. Choudhury, learned counsel for the opposite party/appellant. By filing this application under section 151 of CPC, the applicant/claimant seeks for a direction to release the amount of Rs.6,36,755/- deposited by the opposite party/appellant in compliance of the order dated

24.05.2023 passed in I.A.(Civil)/1313/2023 before the Registry of this Court. By an order dated 24.05.2023 passed in I.A.(Civil)/1313/2023, this Court while staying the operation of the impugned judgment and order dated

01.06.2022 passed by the learned Member, MACT, Kamrup(M) in MAC case no. 52/2015 had directed the applicant/opposite party to deposit 50% of the awarded amount along with the interest accrued thereon before the Registry of this Court. In compliance of the said order, the opposite party/ appellant had deposited a sum of Rs. 6,36,755/- before the Registry. By this application, the applicant/claimant seeks for a direction for release of the said deposited amounts. The opposite party/appellant filed objection on the ground that they are not liable to pay any compensation to the applicant/claimant as the Bolero vehicle which was insured in their company was not the offending vehicle and as per the FIR and the subsequent Charge-sheet filed before the Court are Page No.# 3/3 against the other vehicle, i.e., Tata Magic involved in the said accident which is the offending vehicle. Considering that the deceased died in the said incident involved with two vehicles and that the family of the deceased has not yet received any compensation from either of the party; and having regards to the objection raised in the application, the applicant/claimant is allowed to withdraw the half of the 50% of the awarded amount deposited by the opposite party/appellant. The Registry is directed to release 50% of the amount deposited by the OP/appellant (i.e., 50 % of Rs. 6,36,755/-) to the applicant/claimant on proper verification and identified by their learned counsels and on furnishing a bond of like amount. With the above, this IA stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010214362023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2906/2023o PRIYAoDEVoANDoANR.o W/OoSRIoUTTAMoDEV,oPERMENENToRESIDENToOFoKALYANoKENDRA,oPOo ANDoPSoSILAPATHAR,oDISToDHEMAJIoASSAMo787059o. 2:oSRIoUTTAMoDEV oS/OoSRIoSANTOSHoDEVo PERMENENToRESIDENToOFoKALYANoKENDRA oPOoANDoPSoSILAPATHAR oDISToDHEMAJIoASSAMo78705o VERSUSo THEoNEWoINDIAoASSURANCEoCOo.oLTDo.oANDo2oORS.o HAVINGoITSoREGISTEREDoANDoHEADoOFFICEoAToNEWoINDIAoASSURANCEo BUILDING,o87oMAHATMAoGANDHIoROAD,oFORTo,oMUMBAIo400001oANDo REGIONALoOFFICEoAToGUWAHATI. 2:SRIoRAJKISHUREoCHAURASIA oS/OoRAMLAGONoCHAURASIAoOFoPASIGHAT oDISToEASToSIANG oARUNACHALoPRADESH o791102 3:MDoJAKIRoALI oS/OoMOFISHoALI o NO.o2 oMURKONGoSELEK o POoANDoPSoJONAI oDISToDHEMAJI oASSAMo78706o AdvocateoforotheoPetitionerooooo:oMR.oRoBORUAHo Page No.# 2/3 Advocate for the Respondent : MS. M CHOUDHURY BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG