Swarnalata Nath and Anr v. Oriental Inurance Company Ltd. and 2 Ors

ORDER Date : 22.12.2023 Heard Mr. A. Bhattacharyya, learned counsel for the applicants. Also heard Ms. R.D. Mozumdar, learned counsel for the opposite party no.1.

¶2By filing this interlocutory application, the applicants have prayed for allowing them to permit withdrawal of 50% of the awarded amount deposited by the opposite party no.1, i.e. Oriental Insurance Company Ltd. in connection with MAC Case No. 65/2018 before the Court of learned Member, MACT No.3, Kamrup (M), Guwahati. Page No.# 3/4

¶3The learned counsel for the opposite party no.1, i.e. Oriental Insurance Company Ltd. has submitted that pursuant to order dated

07.12.2022, passed in the connected MAC Appeal, the 50% of the award has been deposited before the learned MACT No.3, Kamrup (M), Guwahati.

¶4Accordingly, the learned counsel for the submits that the LCR is required to be send back and only on receipt of the LCR, the Tribunal would be able to release the deposited amount to the applicant. It is also submitted that as per the award passed, an amount of Rs.2,00,000/- each in two fixed deposits is required to be deposited in the name of claimant no.1 for a period of 5 (five) years. It is submitted that if the said amount is retained, out of Rs.5,61,200/- (Rupees five lakh sixty one thousand two hundred), the applicants can only receive Rs.1,61,200/- (Rupees one lakh sixty one thousand two hundred) and it is submitted that the said amount would be meager because out of the said amount, Rs.40,000/- (Rupees forty thousand only) is required to be released to the claimant no.2, who is the father of the deceased.

¶5Taking note of the submission made by the learned counsel for the applicant, the Court is inclined to order release of the deposited amount as follows:

(a) The Member, MACT No.3, Kamrup (M), Guwahati, shall, out of the 50% deposited amount, shall convert Rs.2,00,000/- (Rupees two lakh only), by way of Rs.1,00,000/- (Rupees one lakh only) each in two fixed deposit amount in the name of the applicant no.1, i.e. Smti. Swarnalata Nath, mother of the deceased.

(b) A sum of Rs.20,000/- (Rupees twenty thousand only) shall be released in favour of the applicant no.2, i.e. Sarat Ch. Nath, Page No.# 4/4 father of the deceased.

(c) The remaining amount shall released to the applicant no.1 into her bank account on being identified by her learned counsel and on providing all the bank particulars to the learned Tribunal.

¶6To facilitate the release of the 50% amount deposited in favour of the applicants/claimants, let the LCR be send back to the learned Member, MACT No.3, Kamrup (M), Guwahati. On such payment being released to the claimants, the LCR shall be expeditiously returned back to this Court.

¶7With the aforesaid direction, this interlocutory application stands closed. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010249172022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo:oI.A.(Civil)/3776/2023 SWARNALATAoNATHoANDoANR W/OoSARAToCHoNATH o VILL.-oPATPARA o P.O.oANDoP.S.-oDHUPDHARA o DIST.-oGOALPARA oASSAM oPIN-o783130. 2:oSARAToCHoNATH F/OoLATEoGOPENo@oGOUTAMoNATH o VILL.-oPATPARA o P.O.oANDoP.S.-oDHUPDHARA o DIST.-oGOALPARA oASSAM oPIN-o783130. oVERSUS ORIENTALoINURANCEoCOMPANYoLTD.oANDo2oORS (AoCENTRALoGOVT.oUNDERTAKING)oHAVINGoITSoREGIONALoOFFICEoATo GUWAHATI oG.S.oROAD oULUBARI oGUWAHATI-o781007oREP.oBYoTHEoDEPUTYoMANAGER oGAUHATIoREGIONALoOFFICE oULUBARI oGUWAHATI-o781005. Page No.# 2/4 2:MD. ABU CHAMA ALI S/O LATE TACHER ALI VILL.- NATUN DEUCHAR P.O. AND P.S.- BOKO DIST.- KAMRUP ASSAM PIN- 781123. 3:MD. RAHUL AMIN S/O MD. ABDUL KADER R/O KATAHBARI 2 NO. MAJID GOLI GUWAHATI P.O. AND P.S.- GARCHUK DIST.- KAMRUP (M) ASSAM PIN- 781035. ------------ Advocate for : MR. A BHATTACHARYYA Advocate for : MS. R D MOZUMDAR appearing for ORIENTAL INURANCE COMPANY LTD. AND 2 ORS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA