Page No.# 1/5 GAHC010167062019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Civil)/1693/2023 SMTI. PINKY LAHON @ PINKI LAHON W/O- LATE MANOJ LAHON R/O- HARANCHWAR CHATIA GAON P.O. HARANCHARA P.S. TEOK DIST.- JORHAT ASSAM PRESENTLY RESIDING AT MANGALDOI POLICE RESERVE VERSUS THE NATIONAL INSURANCE COMPANY LIMITED REGISTERED HEAD OFFICE AT 3 MIDDLETON STREET CALCUTTA- 700071 REPRESENTED BY THE MANAGER GUWAHATI REGIONAL OFFICE BHANGAGARH GUWAHATI- 781005 ------------ Advocate for : MR D MONDAL Advocate for : MS R D MAZUMDAR appearing for THE NATIONAL INSURANCE COMPANY LIMITED In MACApp./114/2023 THE NATIONAL INSURANCE COMPANY LIMITED REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA- Page No.# 2/5 700071, REP. BY THE MANAGER, GAUHATI REGIONAL OFFICE, BHANGAGARH, GUWAHATI- 781005. VERSUS SMTI. PINKY LAHON AND 3 ORS W/O- LATE MANOJ LAHON, R/O- HARANCHWAR, CHATIA GAON, P.O. HARANCHARA, P.S. TEOK, DIST.- JORHAT, ASSAM, PIN- 785112. 2:SRI JAYANTA MADHAB BORAH S/O- SRI JAGESWAR BORAH R/O- CHAKALIBARI GAON P.O. AND P.S. TEOK DIST.- JORHAT ASSAM PIN- 785112. (OWNER OF VEHICLE NO. AS-03F-0713). 3:SRI HARI CH. SAIKIA S/O- LATE PADMA SAIKIA C/O- MANAS KHOUND R/O- CHEROTIA GAON P.S. AND P.O. JORHAT DIST.- JORHAT ASSAM PIN- 785001. (DRIVER OF VEHICLE NO. AS-03F-0713). 4:SRI BIJIT BORTHAKUR S/O- SIDDANANDA BORTHAKUR R/O- HANCHARA CHURAMONI GAON P.O. HANCHARA JANJHI P.S. TEOK DIST.- JORHAT ASSAM PIN- 785683. (OWNER OF VEHICLE NO. AS-03-5080) Advocate for the applicant(s): Mr. D Mondal Advocate for the respondent(s): Mr. SP Sharma Page No.# 3/5 B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 13.02.2025 Heard Mr. D Mondal, the learned counsel appearing on behalf of the applicant. Mr. SP Sharma, the learned counsel appears on behalf of the respondents. 2. This is an application filed by the applicant who is the claimant seeking release of the amount of 50% of the awarded amount which has been deposited by the appellant Insurance Company in compliance with the order dated 31.03.2023 passed in MAC Appeal No.114/2023. 3. This Court had heard the learned counsel appearing on behalf of the claimant as well as the learned counsel appearing on behalf of the appellant. It is seen from the judgment and award dated 17.01.2019 passed in MAC Case No.40/2014 that an amount of Rs.20,29,552/- was awarded as compensation with interest thereon @5% per annum from the date of filing of the claim petition i.e. 31.07.2014 after deducting the portion of interim relief if already paid. 4. The learned Tribunal had further observed that the accrued interest shall be paid to the claimant namely, Smti Pinky Lahon @ Pinki Lahon exclusively and further apportioned the amounts to be paid. The apportionment so made was: (i) Pinky Lahon: Rs.9,29,552/-(ii) Raj Lahon: Rs.4,00,000/-, (iii) Tanmoi Lahon: Rs.4,00,000/- and the (iv) Mother of deceased: Rs.3,00,000/-. It was further Page No.# 4/5 mentioned that an amount of Rs.4,00,000/- out of the share of the amount payable to the claimant Smti Pinky Lahon will be fixed in a Nationalized Bank for a period of 6(six) years and the rest amount along with accrued interest would be paid to the claimant Smti Pinky Lahon in cash. The amount payable to the two minor sons shall be kept in Fixed Deposits till both of them attain the age of 21 years and the amount to be paid to the mother of the deceased be given to her by cheque. 5. Taking into account the judgment and decree dated 17.01.2019 and further 50% of the said amount had already been deposited. It has been submitted by Mr. D Mondal, the learned counsel appearing on behalf of the claimant that mother of the deceased had expired on 15.12.2019 during the pendency of the present appeal. Under such circumstances, her share has to be divided equally amongst the claimants as well as to her two sons equally. 6. It has been submitted by the learned counsel appearing on behalf of the claimant that an amount of Rs.10,14,776/- was deposited. Taking into account the manner in which the awarded amount was to be apportioned and kept and further in view of the death of the mother of the deceased, the entitlement of the claimant as well as her two sons to the share of the mother of the deceased, this Court directs the Registry to release Rs.4,00,000/- to the claimant by transferring it to her Bank Account and the remaining amount be kept in a fixed deposit of a Nationalized Bank in the name of the claimant Smti Pinky Lahon @ Pinki Lahon which shall be initially for a period of 1(one) year and depending upon the pendency of the present appeal based upon the subsequent order. The amount of Rs.4,00,000/- as directed be paid to the claimant Smti Pinky Lahon@ Pinki Lahon upon proper identification and verification of her details and on furnishing of the Bank details before the Page No.# 5/5 Registry of this Court. 7. An indemnity bond be obtained from the claimant at the time of the release of the amount. 8. In terms of the above, the present Interlocutory application stands disposed of. JUDGE Comparing Assistant