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2023 Supreme(Gau) 970

DEVASHIS BARUAH
Nizara Goswami W/o. Lt. Tutul Sarma – Appellant
Versus
United India Insurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. R. K. Talukdar, Advocate:Mr. H. J. Tamuli, Advocate
For the Respondent:Mr. Shisir Dutta, Sr. Advocate:Mr. S. Dutta, Advocate

JUDGMENT :

1. The instant writ petition has been filed seeking a direction that the order dated 12.11.2016 passed in MAC Appeal No.50/2015 by this Court be complied with and also seeking a direction upon the Respondents i.e. the United India Insurance Company Ltd. and its officials to pay the balance amount to the Petitioner.

2. It reveals from the records that an award was passed on 20.08.2013 in MAC Case No.230/2009 by the Member, Motor Accident Claims Tribunal, Sonitpur, Tezpur whereby an amount of Rs.19,27,548/-was arrived at as the just and reasonable compensation and it was further directed that the said amount of Rs.19,27,548/-would carry an interest @ 9% per annum from the date of institution of the case i.e. on 07.07.2009 till realization. Further to that, an amount of Rs.1,000/- was also imposed as cost.

3. It appears that the Respondent No.1 filed an appeal before this Court being MAC Appeal No.50/2015 i.e. almost after 2 (two) years from the passing of the said award. The said appeal was admitted and there was a direction to deposit 50% of the said awarded compensation

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