Gauhati High Court
Page No.# 1/2 vs Sbi General Insurance Company Limited on 28 April, 2023
Author: Malasri Nandi
Bench: Malasri Nandi
Page No.# 1/2
GAHC010048962023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/680/2023
ABDUL KADDUS AND ANR.
S/O- SHIRAJ MIAH,
2: ASHIQUE IKBAL HUSSAIN
S/O- ABDUL KADDUS
BOTH ARE RESIDENTS OF VILL.- JOGIRPAM
MOUZA- GHILAZARI
P.S. AND DIST.- BARPETA
PIN- 781316. (RESPONDENT NO. 2 REP. BY THE RES. NO. 1 BEING THE
FATHER OF THE RES. NO. 2)
VERSUS
SBI GENERAL INSURANCE COMPANY LIMITED,
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT NATRAJ BY
RUSTOMJEE, 101, JUNCTION OF MV ROADS AND WESTERN EXPRESS
HIGHWAY, ANDHERI (EAST), MUMBAI- 400069, ITS REGIONAL OFFICE 4TH
FLOOR, B-BLOCK, APEEJAY HOUSE, 15, PARK STREET, KOLKATA- 700016,
WEST BENGAL AND ITS BRANCH OFFICE AT 2ND FLOOR, LAKSHMI
DARSHAN, OPPOSITE BORA SERVICE STATION, ULUBARI, G.S. ROAD,
GUWAHATI- 781007, REP. BY ITS SR. EXECUTIVE LITIGATION AND TP.
Advocate for the Petitioner : MS R BEGUM
Advocate for the Respondent : MR T KALITA
Page No.# 2/2
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 28-04-2023 Heard Mr. J Ahmed, learned counsel for the applicants. Also heard Mr. T Kalita, learned counsel for the respondent.
This is an application filed by the applicants praying for disbursing of Rs.12,05,924/- of the deposited amount vide order dated 02.11.2022 passed in I.A.(Civil) 737/2021 in MAC App. No. 83/2021 to the claimants.
It is submitted by the learned counsel for the respondent that the claim petition was filed under Section 163A of the MV Act. The injured is a student and as per Schedule of 163A MV Act, injured is a non-earning member and as such the award may be less than the amount deposited by the Insurance Company.
Therefore, Registry of this Court is directed to disburse Rs. 5 lakhs to the claimants by executing a bond before the Registry that on requirement, the claimant will return the amount as per award and after proper verification and identification by the concerned lawyer.
List the matter thereafter.
JUDGE Comparing Assistant