Srimati Barnali Saikia Bora and 3 Ors v. The Reliance General Insurance Co. Ltd

ORDER Date : 14.12.2024

The appellant no.1, Smt. Barnali Saikia Bora; and Sri Bikram Kaushik Page No.# 3/4 Bora, appellant no.3 are the claimant nos.1 and 3 respectively are present.

¶2It is submitted that the claimant no.4, Smt. Aijoni Bora has expired after the award was passed. The appellant no.2, Sri Barnam Kaushik Bora is out of India and therefore, could not appear and it is submitted that the appellant no.1, being the mother of the appellant no.2 is authorized to settle the matter in his interest.

¶3Md. Menhaz Ahmed Barbhuiya, Senior General Manager of Reliance General Insurance Co. Ltd. is present.

¶4After negotiated settlement, the parties have agreed for a total settlement amount of Rs.13,07,500/- (Rupees thirteen lakh seven thousand five hundred only) as full and final settlement of all the claims of the appellants in MAC Case No. 237/2012, where the order and award dated 03.04.2017 was passed by the learned Member, MACT No.2, Kamrup (M), Guwahati.

¶5The representative of the insurance company has submitted that a sum of Rs.2,50,775/- (Rupees two lakh fifty thousand seven hundred seventy five only), which is inclusive of the awarded amount of Rs.1,90,000/- (Rupees one lakh ninety thousand only) as well as interest thereon has been deposited. The same would be in addition of the amount of award.

¶6It is submitted that the settlement amount is over and above the award of the Tribunal.

¶7Accordingly, 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.

¶8Both the parties shall put their signature in the pre-settlement compromise slip as token of acceptance for the settlement. Page No.# 4/4

¶9Accordingly, the Reliance General Insurance Company Ltd. shall deposit the settlement amount of Rs.13,07,500/- (Rupees thirteen lakh seven thousand five hundred only) in favour of the appellant no.1 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.

¶10The amount shall be released to the appellant no.1, namely, Smt. Barnali Saikia Bora, on satisfaction of her identity.

¶11On furnishing proof of the deposit of the entire settlement amount, the Registry shall release the statutory deposit made by the appellant.

¶12The matter is disposed of in this Lok Adalat.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010004932017 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./82/2018o SRIMATIoBARNALIoSAIKIAoBORAoando3oORSo R/OoFLAToNO.oE-2,oRODALEEoAPARTMENTS,oHATIGARHoCHARIALI,oP.S.o GITANAGAR,oGUWAHATI,oDIST.oKAMRUP,oASSAM. 2:oBARNAMoKAUSHIKoBORA oR/OoFLAToNO.oE-2 oRODALEEoAPARTMENTS oHATIGARHoCHARIALI oP.S.oGITANAGAR oGUWAHATI oDIST.oKAMRUP oASSAM. 3:oBIKRAMoKAUSHIKoBORA oR/OoFLAToNO.oE-2 oRODALEEoAPARTMENTS oHATIGARHoCHARIALI oP.S.oGITANAGAR oGUWAHATI oDIST.oKAMRUP oASSAMo VERSUSo THEoRELIANCEoGENERALoINSURANCEoCO.oLTD.o ANILoPLAZA,oG.S.oROAD,oBHANGAGARH,oGUWAHATI,oDIST.oKAMRUP,o ASSAM,oPINo781005 2:ANJUoMAHANTA oR/OoAVINAVoAPARTMENTS oJAPORIGOG oP.S.oGITANAGAR oGUWAHATI oDIST.oKAMRUPo(M) Page No.# 2/4 ASSAM PIN 781021 3:AJIT MUNDA R/O VILL. DHEKIAJULI TEA ESTATE JORHAT DIST. JORHAT ASSAM PIN 785001 4:THE HDFC ERGO G.I.C. LTD. MAYUR GARDENS G.S. ROAD BHANGAGARH GUWAHATI DIST. KAMRUP (M) ASSAM PIN 781005 5:RAM PAL DAHIYA C/O SHIV SHANKAR BHATTA CO. KANSALA P.S. AND DIST. ROHTAK HARYANA 124001 6:SATISH KUMAR R/O VILL. GAUTAM NAGAR P.S. GOHANA SONEPAT DIST. SONEPAT HARYANA PIN 13100 Advocate for the Petitioner : MR. K K DUTTA, MS. R BORAH Advocate for the Respondent : MS. P BORTHAKUR (r-1), MR. R GOSWAMI (r-1) BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA