National Insurance Company Ltd v. Pankaj Jyoti Barman and 3 Ors

ORDER

07.08.2024

¶1Heard Mr. T. Kalita, learned counsel for the applicant. Also heard Mr. M. Khan, learned counsel appearing for respondent Nos. 1 and 4.

¶2This application under Order XLI, Rule 5 of the Code of Civil Procedure

(1908) has been filed by the applicant praying for stay of execution of impugned Page No.# 3/3 Judgment and Award dated 23.05.2023, passed by the learned Member, Motor Accident Claims Tribunal, Bongaigaon in MAC Case No. 130/2019.

¶3The learned counsel for the applicant has submitted that the present applicant has filed the connected MAC Appeal No. 291/2024 impugning the aforesaid Judgment and Award, mainly on the ground that as the deceased was a government servant, he is squarely covered under the circular issued by the Government of Assam on 14.09.2017, in respect of the scheme of compassionate family pension and as per the said scheme, the claimant would receive 100% of the last drawn paid, till the date on which the deceased would have retired and therefore, he submits that there would be no loss of dependency.

¶4Considering the submissions made by the learned counsel for both sides, this Interlocutory Application is allowed, subject to condition that the applicant/insurance company shall deposit 30% of the awarded amount to the Registry of this Court within a period of 6(six) weeks from the date of this order. On such deposit made by the applicant, before the Registry of this Court, the said amount shall be disbursed to the claimant, Sri Pankaj Jyoti Barman by the Registry after proper verification.

¶5With the above observations, this Interlocutory Application is hereby disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010249942023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:o oI.A.(Civil)/1821/2024 NATIONALoINSURANCEoCOMPANYoLTD. HAVINGoITSoREGISTEREDoOFFICEoANDoHEADoOFFICEoATo3 oMIDDLETONoSTREET oKOLKATAoANDoITSoREGIONALoOFFICEoAToBHANGAGARH oG.S.oROAD oGUWAHATI-o781005oREPRESENTEDoBYoTHEoCHIEFoREGIONALoMANAGER oGUWAHATIoREGIONALoOFFICE. oVERSUS PANKAJoJYOTIoBARMANoANDo3oORS. S/OoHARoKUMARoBARMAN oVILL.-oCHAPRAKATAoPT-oII oP.S.-oBONGAIGAON oDIST.-oBONGAIGAON oASSAM oPIN-o783380. 2:SAIFULoHOQUE S/OoANTALoHOQUE o VILL.-oBORTOLOWA oP.O.-oDHALIGAON oP.S.-oDHALIGAON oDIST.-oCHIRANG oBTAD oASSAM oPIN-o783385. Page No.# 2/3 3:MOTLEB ALI S/O ANTAL HOQUE VILL.- BORTOLOWA P.O.- DHALIGAON P.S.- DHALIGAON DIST.- CHIRANG BTAD ASSAM PIN- 783385. 4:HAR KUMAR BARMAN S/O LATE MANYU RAM BARMAN VILL.- CHAPRAKATA PT- II P.S.- BONGAIGAON P.O.- CHAPRAKATA DIST.- BONGAIGAON ASSAM PIN- 783380. ------------ Advocate for : MR T KALITA Advocate for : MR. M KHAN (R-1 4) appearing for PANKAJ JYOTI BARMAN AND 3 ORS. In MACApp. Case No. 291/2024 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA