Lokheswari Kurmi v. National Insurance Company Ltd.And 5 Ors

ORDER Date : 19-03-2024 Heard Ms. P. Baruah, learned counsel for the applicant/claimant. I have also heard Mr. R.K. Goswami, learned counsel for the opposite party/appellant. Page No.# 2/3 This is an application seeking a direction to the Registry to allow the applicant/claimant to withdraw the 50% of the awarded amount deposited by the opposite party/appellant before the Registry of this Court in compliance of the order dated 24.03.2023, passed in I.A. (C) 817/2023. The learned counsel for the opposite party/appellant submits that in an analogous case learned the Tribunal has made the Insurance Company liable for 25%. However, in the instant case, the learned Tribunal has made the Insurance Company 80% liable; as such, the same has been challenged with a prayer for making liability at 25%. However, the learned counsel for the opposite party/appellant has no objection, if the applicant/claimant is allowed to withdraw Rs. 300,000(Rupees three lakhs) only out of the total deposited amount of Rs.4,92,100/-(Rupees four lakhs ninety two thousand and one hundred) only and the learned counsel for the applicant/claimant has agreed to the said proposal.

In view of the above, the applicant/claimant is allowed to withdraw the amount of Rs. 3,00,000/-(Rupees three lakhs) only out of the total amount of Rs.4,92,100/-(Rupees four lakhs ninety two thousand and one hundred)only . The Registry is directed to allow the applicant/claimant to withdraw Rs. 3,00,000/- (Rupees three lakhs) only, on proper identification by their learned counsels. With the above observations, the I.A. stands allowed and disposed of.

Page No.# 3/3 JUDGE Comparing Assistant

Page No.# 1/3 GAHC010275962023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3636/2023 LOKHESWARI KURMI W/O SRI AMERIKA KURMI, RESIDENT OF BARUA KHAT GAON, PO BADULIPAR, PS KAMARGAON, DIST GOLAGHAT, ASSAM 785611 VERSUS NATIONAL INSURANCE COMPANY LTD.AND 5 ORS. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON STREET KOLKATA AND ITS REGIONAL OFFICE AT GS ROAD, BHANGAGARH, GUWAHATI Advocate for the Petitioner : MS. P BARUAH Advocate for the Respondent : MR. R GOSWAMI BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG