National Insurance Co. Ltd., v. Rousona Haque

ORDER Date : 11.02.2023 The case is put up before the National Lok Adalat. The matter is settled between the parties. The claimants No. 1, 3, 4, 5 & 6, namely, Mrs. Rousana Haque, Md. Oliul Haque, Md. Enamul Haque and Miss. Somaya Haque respectively are present before Court today. Page No.# 3/4 Ms. Mary Pegu, Regional Manager is present for the National Insurance Company Limited. It is submitted that the claimant No. 2, namely, Md. Mahmadul Hasan had expired in the meantime. It is submitted by both the claimants and the Insurance Company's representatives that this matter is settled between the parties at an amount of Rs. 16,00,000/- (Rupees Sixteen Lakhs) as full and final settlement in respect of the claims raised by the claimants. The Insurance Company submits that an amount of Rs.8,08,500/- (Rupees Eight Lakh Eight Thousand and Five Hundred) had earlier been deposited before the Registry. The claimants, however, submit that the said amount has not yet been withdrawn. As per the directions of the MACT, Morigaon and it is directed that the Insurance Company will make the balance deposit of Rs.7,91,500/- (Rupees Seven Lakhs Ninety One Thousand and Five Hundred) within a period of 4(four) weeks from today before the Registry of the Gauhati High Court. The claimants will be entitled to withdraw the amount from the Registry upon verification of identities of the claimants and their bank details. The Insurance Company is also permitted to adjust the statutory deposit, if any, made. In terms of the above, the matter is settled between the parties and the same is disposed of. The earlier order dated 23.09.2022 passed in I.A.(C) No. 176/2018 stands merged with this order. Before the Lok Adalat, the claimants No. 3, 4, 5 & 6 have submitted that they will have no objection if the entire claim amount is released in the name of Page No.# 4/4 claimant No. 1, their mother, namely, Mrs. Rousana Haque. The claimants No. 3, 4, 5 & 6 are permitted to execute proper NOC as per provisions of law in favour of the claimant No. 1. Upon due satisfaction arrived at by the Registry of the Court upon verification of identities and bank details as well as the NOCs, the claimant No. 1 will be entitled to withdraw the said amount in her favour. Statutory deposit if any will be permitted to be withdrawn by the Insurance Company.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010008692017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./35/2018o NATIONALoINSURANCEoCO.oLTD.,o HAVINGoITSoREGISTEREDoOFFICEoAToMIDDLETONoSTREET,oKOLKATAoAND ONEoOFoTHEoREGIONALoOFFICESoKNOWNoASoGUWAHATIoREGIONALo OFFICE,oG.S.oROAD,oBHANGAGARH,oGUWAHATI-5 VERSUSo ROUSONAoHAQUEo R/OoKACHUAo(KANDHAPARA),oP.O.oANDoP.S.oKACHUAoANDoDIST.oNAGAON (ASSAM)oPINo782426 2:MAHMADULoHASAN oROoKACHUAo(KANDHAPARA) oP.O.oANDoP.S.oKACHUAo(KANDHAPARA) oP.O.ANDoP.S.oKACHUAoANDoDIST.oNAGAON oASSAM oPINo782426 3:OLIULoHAQUE oROoKACHUAo(KANDHAPARA) oP.O.oANDoP.S.oKACHUAo(KANDHAPARA) oP.O.ANDoP.S.oKACHUAoANDoDIST.oNAGAON oASSAM oPINo782426 4:ENAMULoHAQUE oROoKACHUAo(KANDHAPARA) oP.O.oANDoP.S.oKACHUAo(KANDHAPARA) oP.O.ANDoP.S.oKACHUAoANDoDIST.oNAGAON oASSAM oPINo782426 5:ENAMULoHAQUE Page No.# 2/4 RO KACHUA (KANDHAPARA) P.O. AND P.S. KACHUA (KANDHAPARA) P.O.AND P.S. KACHUA AND DIST. NAGAON ASSAM PIN 782426 6:SOMAYA HAQUE RO KACHUA (KANDHAPARA) P.O. AND P.S. KACHUA (KANDHAPARA) P.O.AND P.S. KACHUA AND DIST. NAGAON ASSAM PIN 782426 7:ZINNATUL ISLAM R/O VILL. MILANPUR WARD NO. 3 P.O. AND DIST. MORIGAON PIN 782105 8:ASHADUL ISLAM R/O VILL. KARIGURIGAON P.O. SANDAKHAITY P.S. MORIGAON DIST. MORIGAON PIN 78210 Advocate for the Petitioner : MR. K K BHATRA Advocate for the Respondent : MR. A R AGARWALA (R1-R4) BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA