Oriental Insurance Company Ltd v. Leena Hansepi and 4 Ors

ORDER Date : 14.12.2024

Heard Mr. Rubul Pathak, Deputy Manager, Oriental Insurance Company Ltd. as well as respondent nos.1 and 3, namely, Leena Hansepi and Engle Teranpi along with Mr. S. Dutta, learned counsel are present.

¶2It is submitted that in the award dated 12.12.2023, passed by the learned Member, MACT No.3, Kamrup (M), Guwahati in MAC Case No.1462/2019, a sum of Rs.40,000/- (Rupees forty thousand only) was awarded to the respondent no.5, namely, Sarbura Singnar, who is the father of the deceased.

¶3After negotiated settlement, the parties have agreed for a total settlement amount of Rs.20,00,000/- (Rupees twenty lakh only) as full and final settlement of all the claims of the respondent nos.1, 2, 3 and 5 against the order and award of the Tribunal.

¶4It is submitted that the respondent no.2, namely, Themanson Singnar is a minor aged about 7 (seven) years.

¶5Accordingly, 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 Page No.# 3/3 of record.

¶6Both the parties shall put their signature in the pre-settlement compromise slip as token of acceptance for the settlement.

¶7Accordingly, the Oriental Insurance Company Ltd. shall deposit the settlement amount of of Rs.20,00,000/- (Rupees twenty lakh only) in favour of the respondent nos.1, 2, 3 and 5 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.

¶8Out of the settlement amount, a sum of Rs.6,50,000/- (Rupees six lakh fifty thousand only) be kept in a fixed deposit account in favour of the respondent no.2, being a minor represented by respondent no.1, mother and natural guardian. A sum of Rs.40,000/- (Rupees forty thousand only) shall be released to the respondent no.5, father, in terms of the award of the Tribunal and the balance amount shall be released to the respondent nos.1 and 3 on satisfaction of their identity.

¶9On furnishing proof of the deposit of the entire settlement amount, the Registry shall release the statutory deposit made by the appellant.

¶10The matter is disposed of in this Lok Adalat.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010039162024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./131/2024o ORIENTALoINSURANCEoCOMPANYoLTDo HAVINGoITSoREGISTEREDoOFFICEoAToORIENTALoHOUSE,oA25/27oASAFoALIo ROAD,oNEWoDELHIo11002oANDoREGIONALoOFFICEoAToGUWAHATIo,o07,o REPRESENTEDoBYoTHEoREGIONALoMANAGER. VERSUSo LEENAoHANSEPIoANDo4oORSo W/OoLATEoRUPSONoSINGNARo RESIDENToOFoKAYAoKRAMSA,oPSoSAMELANGSO,oKARBIoANGLONG, 2:THEMANSONoSINGNAR oS/OoLATEoRUPSONoSINGNARo RESIDENToOFoKAYAoKRAMSA oPSoSAMELANGSO oKARBIoANGLONG 3:ENGLEoTERANPI oMOTHERoOFoLATEoRUPSONoSINGNARo RESIDENToOFoKAYAoKRAMSA oPSoSAMELANGSO oKARBIoANGLONG 4:SAKENoNARZARY oS/OoLATEoDoNARZARYo HORGATHI oPSoDOKMOKA oKARBIoANGLONG oASSAM Page No.# 2/3 5:SRI SARBURA SINGNAR KAYA KRAMSA PS SAMELANGSO KARBI ANGLONG (FATHER OF THE DECEASED RUPSON SINGNAR Advocate for the Petitioner : MR SISHIR DUTTA, MR S DUTTA Advocate for the Respondent : MRS. R RONGMEI(R-4), MR. S SINGH (R-1,3) BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA