New India Assurance Co. Ltd v. Champa Mahato and 8 Ors

ORDER Date : Name of the conciliators:

¶1Ms. Chandana Patowary

¶2Ms. Gita Kakati Das

11.05.2024

The case is put up before the National Lok Adalat. The matter is amicably settled between the parties. The appellant/claimant, namely, Smti. Champa Mahato, is present before the Court today. She is represented by Mr. A. K. Gupta, learned counsel. Mr. Suman Das, Assistant Manager, appears for the New India Assurance Company Limited. It is submitted by both the Claimants No. 2 & 3 and the Insurance Company's representatives that this matter is settled between the parties at an amount of Rs. 37,12,254/- inclusive of all components. This amount will be received by the claimant No. 1, namely, Smt. Champa Mahato as well as by the claimant No. 2, namely, Ms. Rani Mahato as a full and final settlement of their claim. The Insurance company will deposit the amount of Rs. 37,12,254/-within a period of 45 days from today before the Registry of the Gauhati High Court. Failure to deposit the above-mentioned amount within the stipulated time by the New India Assurance Company Limited, the above amount would carry an interest at the rate of 7% from the date of filing of the claim petition before the learned Tribunal. From the said amount of Rs. 37,12,254/-; an amount of Rs. 10,00,000/- shall be kept in a fixed deposit account in the name of Ms. Rani Mahato/Claimant No. 2, till the date, she attains the age of majority and the remaining balance of Rs. 27,12,254/-, Page No.# 4/4 shall be released to the Claimant No. 1, namely, Smt. Champa Mahato, by the Registry of this Court upon furnishing of adequate documents by the claimant for their identification and particulars of their respective Bank accounts. Statutory deposit, if any, made by the Insurance Company being not a part of the amount so settled today; the same may be released to the Insurance Company on an application made by it in this connection. The instant interlocutory application accordingly stands disposed of in terms of the amicable settlement reached between the parties. The compromise format signed by the parties is kept on record. LCRs, if any, be remitted to the concerned Tribunal. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010011212024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/391/2024o NEWoINDIAoASSURANCEoCO.oLTD.o HAVINGoITSoREGISTEREDoOFFICEoAToNEWoASSURANCEoBUILDINGo87,o MAHATMAoGANDHIoROADoMUMBAIoANDoONEoOFoTHEoREGIONALoOFFICEo AToSTARoCITYoCOMPLEX,o5THoFLOOR,oLACHIToNAGAR,oGUWAHATIo 781005,oNEARoHANUMANoMANDIR VERSUSo CHAMPAoMAHATOoANDo8oORS.o W/OoLATEoDEVoMAHATO,o RESIDENToOFoBALUGADA,oPO,oPSoANDoDISToTINSUKIA,oASSAM 2:SMTIoRANIoMAHATO oW/OoLATEoDEVoMAHATO o RESIDENToOFoBALUGADA oPO oPSoANDoDISToTINSUKIA oASSAM 3:SRIoRAGHUNATHoKUMARoSINGH oS/OoSEOoPUJANoSINGH o RESIDENToOFoBALUGADA oPO oPSoANDoDISToTINSUKIA oASSAMo786125 4:SRIoSANJAYoRAY oS/OoSRIoBHIJUoRAYo RESIDENToOFoCBIoROAD oTINSUKIA Page No.# 2/4 PO PS AND DIST TINSUKIA ASSAM 786125 5:SRI DEEPAK CHETRY S/O LATE BOL BAHADUR CHETRY RESIDENT OF LAL GOLA CHANGLANG ROAD PO AND PS MARGHERITA DIST TINSUKIA ASSAM 786181 6:PATKAI TEA GREEN C/O MR. D.B SOSAR MISSION ROAD MARGHERITA PO AND PS MARGHERITA DIST TINSUKIA ASSAM 7:THE NATIONAL INSURANCE CO. LTD. HAVING ITS DIVISIONAL OFFICE AT PRAMOD MARKET RANGAGORA ROAD TINSUKIA ASSAM 786125 8:SRI MANGAL MAHATO S/O LATE DULU MAHATO RESIDENT BALUGADA 786125 PO PS AND DIST TINSUKIA ASSAM 9:SMTI LAKHIMANI MAHATO W/O SRI RAJMANGAL MAHANOY RESIDENT BALUGADA 786125 PO PS AND DIST TINSUKIA ASSA Advocate for the Petitioner : MR. K K BHATTA Advocate for the Respondent : Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR