Tata Aig General Insurance Co. Ltd v. Mrinisha Sarma and 2 Ors

ORDER

14.09.2024 This is an appeal filed by the appellant-Tata AIG General Insurance Co. Ltd. (for short Insurance Company) against the judgment and award dated 02.01.2024 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup (M), Guwahati (for short MACT, Guwahati) in MAC Case No. 2314/2018 whereby an amount of Rs. 49,51,800/- was directed to be paid by the Insurance Company to the claimant. Shri Subhas Debnath, Legal Manager of the Insurance Company and the claimant-Ms. Mrinisha Sarma along with her learned counsel, Shri N Debnath are present today i.e., 14.09.2024 in the National Lok Adalat. The parties present before this Court jointly submit that the matter has been settled between the parties and lump sum amount of Rs.48,00,000/- as full and final settlement has been agreed upon. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the amount of Rs.48,00,000/- being the full and final settlement before the MACT, Guwahati within a period of 45 days from today. The claimant would be at liberty to withdraw the aforesaid amount on being properly identified by her learned counsel. The manner of release of the aforesaid amount would be in the following terms:

i) Out of the aforesaid amount of Rs.48,00,000/-, an amount of Rs. 20,00,000/- is directed to be deposited in a Fixed Deposit scheme in the name of claimant-Mrinisha Sarma in any nationalized bank for a period of Page No.# 3/3 3 years,

ii) The remaining amount of Rs. 28,00,000/- is directed to be released in favour of the claimant. The statutory deposit of Rs.25,000/- made by the Insurance Company at the time of filing of the appeal would be refunded to the Insurance Company within a period of 30 days. Send back the LCR.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010057782024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./129/2024o TATAoAIGoGENERALoINSURANCEoCO.oLTDo HAVINGoITSoREGISTEREDoOFFICEoAToPENINSULAoCORPORATEoPARK,o NICHOLASoPARIMALoTOWERo9THoFLOOR,oGANPATROoKADAMoMARG,o MUMBAIo400013,oZONALoOFFICEoAToCONSTANTIAoOFFICEoCOMPLEX,o2NDo FLOOR,o11oDR.oU.NoBRAHMACHARIoSTREET,oKOLKATTAo700017oANDo BRANCHoOFFICEoAToABC,oGSoROAD,oGUWAHATIo781005 VERSUSo MRINISHAoSARMAoANDo2oORSo D/OoSRIoKHIRODoSARMAo RESIDENToOFoVILLAGEoCHAMARIoSATRA,oPSoBOKO,oDISToKAMRUPo ASSAMo781123oREPRESENTEDoBYoHERoMOTHERoNAMELYoJEUTIoSARMA 2:BABULoALI oS/OoLATEoBAHARoALI o RESIDENToOFoALOKJARI oPOoBHALUKGHATA oPSoBOKO oDISToKAMRUP oASSAMo781123 3:ISLAMoALI oS/OoLATEoBAHARoALIo RESIDENToOFoVILLAGEoBARAoBAZARoBALIJANA oPOoAGIA oDISToGOALPARA oASSAMo78312o AdvocateoforotheoPetitionerooooo:oMR.oRoGOSWAMI,oMS.oMoSAIKIA,MS.oPoBORTHAKURo Page No.# 2/3 Advocate for the Respondent : MR. N K KALITA (R-2,3), MR. N. DEBNATH (r-1),MRS M KALITA (R-2,3),MR D DEKA (R-2,3) BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI