New India Assurance Co. Ltd v. Md Idrish Ali and 6 Ors

ORDER Date : 14.12.2024

Heard Mr. B.N. Boro, Regional Manager, along with Mr. Suman Das, Assistant Manager, New India Assurance Company Ltd., the appellant.

¶2The respondent nos.1 and 2 have appeared along with Mr. A.R. Agarwala, learned counsel and they have admitted that after negotiated settlement, the parties have agreed for a total settlement amount of Rs.5,00,000/- (Rupees five lakh only) as full and final settlement of all the claims of the respondent against the order and award dated 22.05.2017, passed by the learned Member, MACT, Dhubri in MAC Case No.567/2009. It is submitted that out of the settlement amount, an amount of Rs.1,25,000/- (Rupees one Page No.# 3/3 lakh twenty five thousand only) has already been deposited before the Registry of this Court.

¶3Accordingly, 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.

¶4Both the parties shall put their signature in the pre-settlement compromise slip as token of acceptance for the settlement.

¶5Accordingly, the New India Assurance Company Ltd. shall deposit the remaining settlement amount of Rs.3,75,000/- (Rupees three lakh seventy five thousand only) in favour of the claimants before the Registry of this Court 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.

¶6The balance amount would be subject to deduction of 10% TDS. Further, the certificate of TDS shall be provided to the claimants/respondent nos.1 and 2.

¶7The balance amount shall be released to the claimants on satisfaction of their identity.

¶8On furnishing proof of the deposit of the entire settlement amount, the Registry shall release the statutory deposit made by the appellant.

¶9The matter is disposed of in this Lok Adalat.

¶10Cross objection, if any, stands closed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010003152017 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./131/2018o NEWoINDIAoASSURANCEoCO.oLTD.o HAVINGoITSoREGISTEREDoOFFICEoANDoHEADoOFFICEoATo87oM.G.oROAD,o FORT,oMUMBAIoANDoITSoREGIONALoOFFICEoAToG.S.oROAD,o BHANGAGARH,oGUWAHATI. VERSUSo MDoIDRISHoALIoando6oORSo R/OoVILL.oSARPARA,oP.O.oBIJAYNAGAR,oP.S.oPALASHBARI,oDIST.oKAMRUP,o ASSAM,oPINo781122 2:MAIKONoBIBI oR/OoVILL.oSARPARA oP.O.oBIJAYNAGAR oP.S.oPALASHBARI oDIST.oKAMRUP oASSAM oPINo781122 3:SIBUoCHANDA oR/OoVILL.oSOUTHoTOKRACHARA oP.S.oGOLAKGANJ oDIST.oDHUBRI oASSAM oPINo783334o(OWNERoOFoTHEoVEHICLEoNO.oAS-17/7152o(BUS)) 4:SANKARoDUTTA oWARDoNO.oII oP.O.oCHAPAR oP.S.oCHAPAR oDIST.oDHUBRI oASSAM Page No.# 2/3 PIN 7833371 (OWNER OF THE VEHICLE NO. AS-21/5029 (TRUCK)) 5:BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. 2B 2ND FLOOR CENTRE POINT G.S. ROAD ULUBARI GUWAHATI 781007 (INSURER OF THE VEHICLE NO. AS-21/5029 (TRUCK)) 6:MD. SAHIDUL HAQUE R/O VILL. UTTAR RAJPUR P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 783334 (DRIVER OF THE VEHICLE NO. AS-17/7152 (BUS) Advocate for the Petitioner : MR. R GOSWAMI, MS. M SAIKIA,MS. P BORTHAKUR Advocate for the Respondent : MR. R K JAIN (R3), MR. A R AGARWALA (R1, R2),TULIKA BORAH (R3) BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA