Charubala @ Charulata Barman and 2 Ors v. Union of India and 2 Ors

ORDER Date : 06.09.2024

Heard Mr. A. Bhattacharyya, learned counsel for the applicants.

¶2This interlocutory application is preferred by the applicants for sending back the LCR of MAC Case No. 365/2021, to the Court of learned Member, Motor Accident Claims Tribunal No. 2, Kamrup(M), Guwahati for the purpose of receiving the awarded amount deposited by the opposite party Nos. 1 and 2, pursuant to the judgment and award dated 18.05.2023, passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup(M), Guwahati, in MAC Case No. 365/2021.

¶3Mr. Bhattcharyya, learned counsel for the applicants submits that against the judgment and award dated 18.05.2023, the applicants had preferred an appeal before this Court, which is registered as MACApp. No. 314/2023, for enhancement of the awarded amount and after admitting the appeal, this Court was pleased to call for the record from the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup(M), Guwahati and the same has been received Page No.# 3/3 and subsequent thereto, the opposite party Nos. 1 and 2 had deposited the awarded amount before the learned Tribunal. But, the said amount has not been released by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup(M), Guwahati on account of non-availability of the record of MAC Case No. 365/2021, and therefore, this application is preferred for sending back the LCR of MAC Case No. 365/2021.

¶4Having heard the submission of learned counsel for the applicants and considering the facts and circumstances on the record, the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup(M), Guwahati is directed to start a supplementary file in respect of MAC Case No. 365/2021 and to release the awarded amount to the applicants within a period of one week from the date of receipt of certified copy of this order.

¶5In terms of above, this I.A. stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010156782024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2402/2024o CHARUBALAo@oCHARULATAoBARMANoANDo2oORS.o W/OoLATEoANILoBARMAN,oR/OoBANGAON,o(KALBARI)oNALBARI,oP.S.-o BELSOR,oDIST.-oNALBARI,oASSAM. 2:oDHIRAJoBARMAN oS/OoLATEoANILoBARMAN R/OoBANGAON o(KALBARI)oNALBARI oP.S.-oBELSOR oDIST.-oNALBARI oASSAM. 3:oTINKUoMONIoBARMAN oD/OoLATEoANILoBARMAN R/OoBANGAON o(KALBARI)oNALBARI oP.S.-oBELSOR oDIST.-oNALBARI oASSAM.o (BEINGoMINOR oREP.oBYoHERoMOTHER oTHEoAPPELLANToNO.o1o VERSUSo UNIONoOFoINDIAoANDo2oORS.o REP.oBYoSECRETARYoTOoGOVT.oOFoINDIA,oMINISTRYoOFoDEFENCE,oNEWo DELHI,oPIN-o110011. 2:5/5oGRo(FF) oC/Oo99oAPOoARMYoCAMP oGUWAHATI oPIN-o781009. Page No.# 2/3 3:R/N BISHAL BISWAKARMA S/O TILAK BAHADUR BISWAKARMA R/O NALBARI ARMY CAMP ASTC BUILDING NALBARI DIST.- NALBARI ASSAM PIN- 781335 Advocate for the Petitioner : MR. A BHATTACHARYYA, Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN