The Oriental Insurance Co. Ltd v. Mridula Sinha and 4 Ors

ORDER

The case is put up before the National Lok Adalat.

The Insurance Company is represented by its officials.

Page No.# 3/4 The claimant is duly present along with engaged counsel.

It is submitted that the total awarded amount was Rs. 14,14,000/- (Rupees fourteen lakhs fourteen thousand) only and out of which, the Insurance Company has already deposited an amount of Rs. 7,07,000/- (Rupees seven lakhs seven thousand) only and out of the same, Rs. 3,00,000/- (Rupees three lakhs) only has already been deposited in a nationalized bank in the name of respondent No. 2-Debanshu Sinha, (minor) as fixed deposit and remaining amount of Rs. 4,07,000/- only has already been withdrawn by the claimant No.

¶1Both the parties are agreed to settle the matter on an amount of Rs. 16,30,000/- (Rupees sixteen lakhs thirty thousand) only as full and final settlement and since an amount of Rs. 7,07,000/- (Rupees seven lakhs seven thousand) only has already been deposited by the Insurance Company, they are ready to pay the remaining amount of Rs. 9,23,000/- (Rupees nine lakhs twenty three thousand) only towards the settlement amount.

Accordingly, the appellant/Oriental Insurance Co. Ltd. is hereby directed to deposit the remaining amount of Rs. 9,23,000/- (Rupees nine lakhs twenty three thousand) only before the Registry of this Court within a period of 1 (one) month from today.

However, it is provided that from the said remaining amount, Rs. 3,50,000/- (Rupees three lakhs fifty thousand) only be given to the mother of the deceased and Rs. 5,73,000/- (Rupees five lakhs seventy three thousand) only be given to the claimant No. 1. Page No.# 4/4

Both the mother of the deceased as well as the claimant No. 1 will be at liberty to withdraw their respective shares of remaining amount, which will be deposited by the Insurance Company before the Registry, on being proper verification and identification by the concerned counsel of the case.

Registry is further directed to return the statutory deposited amount of Rs. 25,000/- (Rupees twenty five thousand) only to the Insurance Company.

The appeal stands disposed of in terms above. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010078452022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./238/2022o THEoORIENTALoINSURANCEoCO.oLTD.o AoCOMPANYoREGISTEREDoUNDERoTHEoCOMPANIESoACT,o1956.o REPRESENTEDoBYoITSoREGIONALoMANAGER,oULUBARI,oGUWAHATIo7 VERSUSo MRIDULAoSINHAoANDo4oORS.o W/OoLATEoDEBASISHoSINHA,o RESIDENToOFoVILLAGEoKANAIBAZAR,oPOoKANAIBAZARI,oPSo PATHERKANDI,oDISToKARIMGANJ,oASSAMo788701 2:SRIoDEBANSHUoSINHA oS/OoLATEoDEBASISHoSINHA o RESIDENToOFoVILLAGEoKANAIBAZAR oPOoKANAIBAZARI oPSoPATHERKANDI oDISToKARIMGANJ oASSAMo788701 3:SMTIoGITALIoSINHA oW/OoLATEoLAKHIKANTAoSINHAo RESIDENToOFoVILLAGEoKANAIBAZAR oPOoKANAIBAZARI oPSoPATHERKANDI oDISToKARIMGANJ oASSAMo788701 4:SRIoAMIToSINHA oS/OoBANSHIoMOHONoSINHAo RESIDENToOFoVILLAGEoKABIRoGRAMo Page No.# 2/4 PO BHAGATPUR DIST CACHAR ASSAM 788007 5:SRI SHYAM BABU SINHA S/O BABANI SINHA RESIDENT OF VILLAGE SHIBORGOOL PO AND PS BAZARICHERRA DIST KARIMGANJ ASSAM 78872 Advocate for the Petitioner : MR. S K GOSWAMI, MR. R SHARMA Advocate for the Respondent : MR K TARUNKUMAR, MR. A SHAKIL (r-1,2,3),MR. M TALUKDAR (r-1,2,3) NATIONAL LOK ADALAT (HELD ON 14TH OF SEPTEMBER, 2024) :::BEFORE::: HON'BLE MRS. JUSTICE MITALI THAKURIA Name of the Conciliators: 1. Mr. Santanu Kumar Das 2. Ms. Ritamani Goswami