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2025 DAILYLAW 22534 (GAU)

THE ORIENTAL INSURANCE CO. LTD v. SMT. KUNJALATA DAS AND 4 ORS.

I.A.(Civil)/3815/2023 · 2025-09-02

Parthivjyoti Saikia

Transfer Petitionbody2025

Judgment text

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Page No.# 1/2 GAHC010286882023 2025:GAU-AS:11865 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3815/2023 THE ORIENTAL INSURANCE CO. LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, REP. BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI- 7, DIST.- KAMRUP, ASSAM. VERSUS SMT. KUNJALATA DAS AND 4 ORS. W/O LATE GAGAN DAS, R/O SINGIMARI, BANGALIGAON, P.S.- DHEKIAJULI, SONITPUR, ASSAM, PIN- Advocate for the Petitioner : MR. S K GOSWAMI, Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 03.09.2025 1. Heard Mr. S. K. Goswami, learned counsel for the applicant. Also heard Mr. A. Bhattacharyya, learned counsel for the respondents. 2. This application is filed under Section 152 of the Code of Civil Procedure praying for alteration/ modification of the order dated 11.10.2023, passed in I.A. Page No.# 2/2 (Civil) No.3099/2023, arising out of MAC Appeal No. 383/2023. 3. On 11.10.2023, this Court directed the Insurance Company to deposit 50% of the awarded amount within a period of 6 (six) weeks. 4. Learned counsel for the applicant submits that the deceased is a Government employee died in harness and his children will get his monthly salary till the date of retirement of the deceased employee. 5. Learned counsel for the applicant has cited some case laws stating that in the aforesaid case, the children are not entitled to any money on account of dependency. Therefore, Mr. Goswami has submitted that the Insurance Company is ready to deposit Rs.1,65,000/- along with interest before the Registry. 6. I have considered the submissions made by learned counsel for both sides. 7. The prayer of the learned counsel for the applicant is allowed. 8. Instead of 50% of the awarded amount, the Insurance Company shall deposit Rs.1,65,000/- along with interest thereon before the Registry of this Court within next 4 (four) weeks. 9. The claimant shall be at liberty to withdraw this amount, without any rivals. 10. With the aforesaid direction, this I.A. stands disposed of. JUDGE Comparing Assistant