The Oriental Insurance Company Ltd v. Smti Sunita Mittal and 2 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 Oriental Insurance Company Limited, represented by Mr. Sudip Bandyopadhya, Regional Manager and Mr. T. P. Meetei, Manager, as well as the claimant viz. Smt. Sunita Mittal, are present before the Court today. The Claimant is represented by Ms. D. D. Roy, learned counsel. It is submitted by both the claimant and the Insurance Company's representatives that this matter is settled between the parties at an amount of Rs. 22,00,000/- inclusive of all components. It is stated that an amount of Rs. 12,12,600/-, inclusive of interest, has already been released by the Insurance Company and accordingly, the balance amount of Rs. 9,87,400/- would now be paid by the Insurance company. This amount will be received by the claimant as a full and final settlement of her claim. The amount of Rs. 12,12,600/- as deposited by the Insurance Company has not been released to the claimant. The Insurance company will deposit the balance amount of Rs. 9,87,400/- within a period of 45 days from today before the Registry of the Gauhati High Court. Failure Page No.# 3/3 to deposit the above-mentioned amount within the stipulated time by Oriental Insurance 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. Out of the amount of Rs. 22,00,000/-; an amount of Rs. 10,00,000/-, shall be kept in a fixed deposit account in the name of the claimant before a nationalized Bank at least for a period of 3 years and the balance amount be released to the Claimant by the Registry upon furnishing of adequate documents for her identification and also the particulars of her Bank account. 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 appeal 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.#o1/3 GAHC010027372017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./306/2017o THEoORIENTALoINSURANCEoCOMPANYoLTDo AoCENTRALoGOVT.oUNDERTAKING,oHAVINGoITSoREGIONALoOFFICEoATo GUWAHATI,oG.S.oROAD,oULUBARI,oGUWAHATIo781007oREPRESENTEDoBYo THEoASSTT.oMANAGERoGAUHATIoREGIONALoOFFICE,oULUBARI,o GUWAHATIo781005 VERSUSo SMTIoSUNITAoMITTALoando2oORSo W/OoLATEoSURESHoKUMARoMITTAL,oFLAToNO.o501,o5THoFLOOR,oKANYAo APARTMENT,oNEARoCHRISTIANoHOSPITAL,oCHATRIBARI,oP.S.oandoP.O.o CHATRIBARI,oGUWAHATI,oDIST.oKAMRUPoM,oASSAM,oPINo781001 2:SUNILoKR.oAGARWALA oS/OoLATEoPARSHURAMoAGARWALA oA.T.oROAD oHAIBARGAON oP.O.oandoP.S.oNAGAON oDIST.oNAHAON oASSAM oPINo782002 3:MOHENDRAoKAHAR oS/OoLATEoJEWDHARoKAHAR oVILL.oBORJURI oP.O.oandoP.S.oNAGAON oDIST.oNAGAON oASSAM oPINo78210o Page No.# 2/3 Advocate for the Petitioner : MS.R D MOZUMDAR Advocate for the Respondent : MS.K BORA R-1 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR