Debajita @ Ghunesa Pegu v. The New India Assurance Com Ltd and Anr

ORDER

14.12.2024 (K.R. Surana, J)

Mr. S. Das, Assistant Manager of the New India Assurance Co. Ltd. is present.

¶2The applicant/appellant, namely, Smt. Debajita @ Ghunesha Pegu, has appeared along with Mr. B.R. Das, her learned counsel. Both sides have agreed that the pre-settlement held between the parties and the respondent no.1/Insurance Company has agreed to pay a sum of Rs.4,30,000/- (Rupees four lakh thirty thousand only) to the applicant/appellant in addition to already deposited amount of Rs.9,70,636/- (Rupees nine lakh seventy thousand six hundred thirty six only), which is inclusive of principal and interest. Therefore, the total settlement amount is Rs.14,00,636/- (Rupees fourteen lakh six hundred thirty six only) as full and final settlement of all the claims of the applicant/appellant against the judgment and award dated 23.09.2021, passed by the learned Member, before the Motor Accident Claims Tribunal, Lakhimpur, North Lakhimpur, Assam in MACT Case No.03/2017.

¶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. Page No.# 3/3

¶5Therefore, in addition to Rs.9,70,636/- (Rupees nine lakh seventy thousand six hundred thirty six only), already deposited a further amount Rs.4,30,000/- (Rupees four lakh thirty thousand only) shall be deposited by the respondent no.1 i.e. the New India Assurance Co. Ltd. before the Registry of the Court within 30 (thirty) days from the date of the settlement order, failing which the amount shall carry interest @ 9% per annum till the date of deposit.

¶6On such deposit being made, out of the sum of Rs.4,30,000/- (Rupees four lakh thirty thousand only), the Registry of the Court shall keep 30% of the amount in a fixed deposit account of any Nationalized Bank for 5 (five) years in favour of the claimant and shall disburse the remaining amount in favour of applicant/appellant, namely, Smt. Debajita @ Ghunesha Pegu, in any one name in which she has a bank account and the balance amount shall be released on satisfaction of her identity.

¶7The matter is disposed of in this Lok Adalat.

¶8In view of the settlement order passed today, this interlocutory application as well as un-numbered appeal stands closed. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010038312024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/754/2024o DEBAJITAo@oGHUNESAoPEGUo W/OoLATEoHALIRAMo@oHALIDHARoPEGU,o RESIDENToOFoKARKARANo POoANDoPSoBOGINADIoDISToLAKHIMPUR,oASSAM VERSUSo THEoNEWoINDIAoASSURANCEoCOMoLTDoANDoANRo REPRESENTEDoBYoTHEoREGIONALoMANAGERo GAUHATIoGSoROAD,oKAMRUPoASSAM 2:SRIoPRASANNAoBHUYAN oS/OoSRIoTUNIRAMoBHUYANo RESIDENToOFoVILLAGEoLANKAoPANCHALI oPOoANDoPSoBISWANATHoCHARIALI oDISToBISWANATH oASSAo AdvocateoforotheoPetitionerooooo:oBoRoDAS,oMSoMoBHARATIo AdvocateoforotheoRespondento:oMR.oSoDUTTAo(R-1),oMRoSoDUTTAo(R-1),MSoSoMOCHAHARIo(R- 1)oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA