National Insurance Company Ltd v. Nomita Rani Das @ Namita and 4 Ors

ORDER Date : 14.12.2024

Mr. Debojit Sarkar, Assistant Manager, National Insurance Co. Ltd., along with Mr. R. Goswami, learned counsel is present.

¶2Smt. Nomita Rani Das @ Namita, respondent no.1 appears through video conference from the office of the Secretary, DLSA, Cachar along with A. Paul, learned advocate at Cachar and Mr. A.B. Dey, learned advocate at Guwahati.

¶3After negotiated settlement, the parties have agreed for a total settlement amount of Rs.18,89,000/- (Rupees eighteen lakh eighty nine Page No.# 3/4 thousand only) as full and final settlement of all the claims of the respondent no. 1 against the judgment and award dated 07.10.2023, passed by the learned MACT, Cachar in MAC Case No.377/2021. It is submitted that a sum of Rs.8,89,000/- (Rupees eight lakh eighty nine thousand only) has already been deposited before the Registry of this Court.

¶4Accordingly, the matter is settled on compromise in terms of the pre-settlement/compromise slip for the National Lok Adalat, which is made as a part of record.

¶5Both the parties shall put their signature in the pre-settlement compromise slip as token of acceptance for the settlement.

¶6Accordingly, the National Insurance Co. Ltd./, appellant shall deposit the settlement amount of Rs.10,00,000/- (Rupees ten lakh only) in favour of the respondent no.1 before the learned MACT, Cachar within a period of 30 (thirty) days from the date of the this settlement order, failing which the amount shall carry interest @ 9% per annum till the date of deposit.

¶7On such deposit being made, out of the settlement amount, 30% of the said amount be kept in a fixed deposit account for 3 (three) years in favour of the respondent no.1 and the balance amount shall be paid to the respondent no.1 on satisfaction of his identity.

¶8The Registry shall also do the needful to transmit a sum of Rs.8,89,000/- (Rupees eight lakh eighty nine thousand only) lying before the Registry of this Court to the learned MACT, Cachar to enable the respondent no.1 to withdraw the entire amount from the said MACT, Cachar.

¶9The Secretary, DLSA, Cachar shall record the signatures of the Page No.# 4/4 respondent no.1 about the settlement and transmit the same to the Registry of this Court.

¶10On furnishing proof of the deposit of the entire settlement amount, the Registry shall release the statutory deposit made by the appellant.

¶11The matter is disposed of in this Lok Adalat.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010002272024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./265/2024o NATIONALoINSURANCEoCOMPANYoLTD.o HAVINGoITSoREGISTEREDoOFFICEoANDoHEADoOFFICEoATo3,oMIDDLETONo STREEToKOLKATAoANDoISTSREGIONALoOFFICEoAToG.S.oROAD,o BHANGAGARH,oGUWAHATI. VERSUSo NOMITAoRANIoDASo@oNAMITAoANDo4oORS.o W/OoSANJOYoDAS,o VILL.-oTULATGRAM,oPART-oII,oP.O.-oSONAIMUKH,oP.S.-oSONAI,oDIST.-o CACHAR,oASSAM,oPIN-o788119. 2:ASHOKoKANU oS/OoKESHABoKANU o VILL.-oMATHURAPUR oP.O.oANDoP.S.-oDHOLAI oDIST.-oCACHAR oASSAM oPIN-o788114. 3:KABIRoUDDINoCHOUDHURY oS/OoMAYAJULoALIoCHOUDHURY o VILL.-oGANGANAGAR oPART-oV oP.O.-oGANGANAGAR oP.S.-oKACHUDARAM oDIST.-oCACHAR oASSAM oPIN-o788119. Page No.# 2/4 4:BINAY CHANDRA DAM S/O BIRENDRA DAM VILL.- TULARGRAM PART- I P.S.- SONAIMUKH P.S.- SONAI DIST.- CACHAR ASSAM PIN- 788119. 5:THE DIVISIONAL MANAGER THE UNITED INDIA INSURANCE CO. LTD SHYAMAPRASAD ROAD SHILLONGPATTY P.O. AND P.S.- SILCHAR ASSAM PIN- 788001 Advocate for the Petitioner : MR. R GOSWAMI, MS. M SAIKIA,MS. P BORTHAKUR Advocate for the Respondent : MR A B DEY (R-1), BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA