Mazida Khatun and 4 Ors v. Oriental Insurance Company Ltd and 2 Ors

ORDER Date : 23.09.2024

¶1Heard Mr. F. Khan, learned counsel for the applicants/respondents. Also heard Ms. R. D. Mozumdar, learned counsel for the opposite party/appellant.

¶2This Interlocutory Application has been filed by the respondents/claimants praying for release of 50% of the amount, which was awarded as compensation to them by the impugned Judgment in MAC Case No.158/2020.

¶3The learned counsel for the opposite party/appellant has submitted that she has no objection to the prayer made by the applicants, the amount that is released subject to furnish indemnity bond by the applicants to that effect as well as also subject to the condition that an amount of Rs.50,000/- each shall be fixed deposited in the name of applicant Nos.2, 3, 4 and 5, who are minor children of the deceased that was directed by the Motor Accident Claims Tribunal in the impugning Judgment.

¶4The learned counsel for the applicants has submitted that he has no objection in furnishing an indemnity bond as well as depositing Rs.50,000/- each in the name of the applicant Nos.2, 3, 4 and 5 in a fixed deposit amount in a Nationalize Bank.

¶5Considering the grounds mentioned in the appeal as well as submissions made by the learned counsel for both the sides, this Interlocutory Application is allowed.

¶6The amount or Rs.7,04,678/- has been deposited by the Insurance Company before the Registry of this Court and shall be released to the applicants subject to the following conditions:

(i). The applicants shall furnish an indemnity bond to the tune of Rs.7,04,678/- Page No.# 4/4 undertaking thereby to indemnify the said amount, if they fail to deposit the amount back in the event of allowing of the appeal.

(ii). The out of the released amount of Rs.50,000/- each shall be deposited in fixed deposit accounts in the name of applicant Nos.2, 3, 4 and 5, namely, Miss Mazida Khatun, Miss Abeda Khatun, Miss Arjina Khatun and Miss Marfuja Khatun respectively in a Nationalized Bank.

¶7As the applicant Nos. 2, 3, 4 and 5 are minor, the Registry shall release the said amount to the applicant No.1, i.e., Mustt. Majeda Khatun, who is the mother of all other applicants, after proper verification.

¶8The applicants shall also deposit an affidavit to the effect to show that the fixed deposit account directed by this order has been opened in the name of applicant Nos. 2, 3, 4 and 5 after getting the aforesaid amount within a period of 30 days from the release of the said amount. A photo copy of the FD deposit slips may also be annexed along with the affidavit to be sworned by the applicant No.1.

¶9This I.A. Stands Disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010168852024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2623/2024o MAZIDAoKHATUNoANDo4oORSo D/OoLATEoALIoHUSSAIN,o VILL.-oKUHUMTOLIo(NAMPARA),oP.O.-oSIBASTHAN,oP.S.-oSAMAGURI,oDIST.- NAGAON,oASSAM,oPIN-o782140.o (REPRESENTEDoBYoRESPONDENToNO.o1). 2:oMAZIDAoKHATUN oD/OoLATEoALIoHUSSAIN o VILL.-oKUHUMTOLIo(NAMPARA) oP.O.-oSIBASTHAN oP.S.-oSAMAGURI oDIST.-oNAGAON oASSAM oPIN-o782140. 3:oABEDAoKHATUN oD/OoLATEoALIoHUSSAIN o VILL.-oKUHUMTOLIo(NAMPARA) oP.O.-oSIBASTHAN oP.S.-oSAMAGURI oDIST.-oNAGAON oASSAM oPIN-o782140. 4:oARJINAoKHATUN oD/OoLATEoALIoHUSSAIN o VILL.-oKUHUMTOLIo(NAMPARA) oP.O.-oSIBASTHAN oP.S.-oSAMAGURI oDIST.-oNAGAON oASSAM Page No.# 2/4 PIN- 782140. 5: MARFUJA KHATUN D/O LATE ALI HUSSAIN VILL.- KUHUMTOLI (NAMPARA) P.O.- SIBASTHAN P.S.- SAMAGURI DIST.- NAGAON ASSAM PIN- 782140 VERSUS ORIENTAL INSURANCE COMPANY LTD AND 2 ORS (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT GUWAHATI, G.S. ROAD, ULUBARI, GUWAHATI- 781007, REP. BY THE DEPUTY MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI- 781005. 2:SANJAY KR. DEY S/O LT. SADAY KR. DEY VILL.- LANKA NETAJI ROAD WARD NO. 9 P.O. AND P.S.- LANKA DIST.- NAGAON ASSAM PIN- 782446. 3:BIPUL MONI BORA S/O RANJIT CH. BORA VILL.- MAJGAON P.O.- SINGIA P.S.- SAMAGURI DIST.- NAGAON ASSAM PIN- 782142 Advocate for the Petitioner : MR. FIRUZ KHAN, MR U CHAUDHURY ,MS LITO AWOMI,K. SUMI,RHITUSHREE TALUKDAR,P. NATH,Q. KIBA,M. GLORY ,MR. FIRUZ KHAN Advocate for the Respondent : MS. R D MOZUMDAR, Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA