Miss Manisha Thapa, v. National Insurance Co. Ltd

PageoNo.#o1/3 GAHC010227392023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3039/2023o MISSoMANISHAoTHAPA,o D/O-oCHATUoSINGHoTHAPA,oR/O-oVILL.-oMAHANADI,oP.S.oKURSEONG,o DIST.-oDARJELLINGo(WESToBENGAL). VERSUSo NATIONALoINSURANCEoCO.oLTDo HAVINGoITSoREGISTEREDoOFFICEoAToMIDDLETONoSTREET,oKOLKATAoAND ONEoOFoTHEoREGIONALoOFFICESoKNOWNoASoGUWAHATIoREGIONALo OFFICE,oG.S.oROAD,oBHANGAGARH,oGUWAHATI-5.oREPRESENTEDoBYoITSo REGIONALoMANAGER. AdvocateoforotheoPetitionerooooo:oMRoDoMONDALo AdvocateoforotheoRespondento:oMR.oRoKoBHATRAoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMR.oJUSTICEoBUDIoHABUNG ORDERo Dateo:oo11-03-2024 ooooooooHeard1Mr.1D.1Mondal,1learned1counsel1for1the1applicant.1 oooooooo I 1 have 1 also 1 heard 1 Ms. 1 P. 1 Huzuri, 1 learned 1 counsel 1 for 1 the 1 opposite party/appellant. Page No.# 2/3 This application has been filed by the applicant/claimant seeking a direction to the Registry of this Court to release Rs.1,09,560/-(Rupees one Lakhs, nine thousand five hundred and sixty) only out of the awarded amount, which has been deposited by the appellant in compliance of the order dated 02.08.2023, passed in I.A. (C) 1913/2023 arising out of MAC Case No. 262/2023. It is submitted that vide an order dated 02.08.2023, passed in I.A. (C) 1913/2023 this Court while staying the operation of the impugned judgment and award dated 28.09.2018 passed by the leaned Member MACT, Kamrup(M) at Guwahati, in MAC Case No. 2196/2013 had directed the appellant to deposit the aforementioned amount before the Registry of this Court. In compliance of the said direction, the appellant had deposited a sum of Rs.1,09,560/- before the Registry of this Court on 30.08.2023. And since, there is no order for release of the said deposited amount to the applicant/claimant, the applicant by this application is seeking a direction for release of the said amount. The learned counsel for the opposite party/appellant has no objection if the said deposited amount is released to the applicant/claimant. In view of the above, the prayer for release of the amount of Rs.1,09,560/- (Rupees one Lakhs, nine thousand five hundred and sixty) to the claimant/applicant is allowed. The Registry is directed to release the said amount of Rs.1,09,560/-(Rupees one Lakhs, nine thousand five hundred and sixty) to the claimant/applicant on proper identification by their learned counsels. With the observations made above, the I.A. stands allowed and disposed of.

Page No.# 3/3 JUDGE Comparing Assistant