The National Insurance Company Limited v. Arpita Mesh @ Arpita Gogoi Mech and 3 Ors

ORDER

The case is put up before the National Lok Adalat.

The Insurance Company is represented by its officials.

The claimant-Smti Pabitri Mech duly present along with her engaged counsel.

However, it is stated that the claimant Nos. 1 & 4 have already expired and the claimant No. 2, who is the minor daughter of the deceased, is unable to present before this Lok Adalat. Further it is stated that during the pendency of the present appeal, the claimant Nos. 1 & 4 died on 16.08.2023 & 03.06.2021 respectively. Page No.# 5/6

It is submitted that the earlier awarded amount was Rs. 11,29,557/- (Rupees eleven lakhs twenty nine thousand five hundred fifty seven) only and after negotiation, both the parties are agreed to settle the matter at an amount of Rs. 10,50,000/- (Rupees ten lakhs fifty thousand) only as full and final settlement.

Accordingly, the appellant/National Insurance Company Ltd. is hereby directed to deposit an amount of Rs. 10,50,000/- (Rupees ten lakhs fifty thousand) only before the Registry of this Court within a period of 2 (two) months from today.

Further, from the awarded amount, Rs. 5,00,000/- (Rupees five lakhs) only will be deposited in the name of claimant No. 2-Ms. Violina Mech, minor daughter of the deceased, as fixed deposit in any nationalized bank till she attain her majority.

Registry to do the needful in this regard.

At this stage, one Death Certificate of respondent/claimant No. 4, Shri Sambhu Mech, is produced before this Court, but they failed to produce any Death Certificate of respondent/claimant No. 1, Smti Arpita Mesh @ Arpita Gogoi Mech, who was stated to be the wife of the deceased. Page No.# 6/6

Accordingly, the claimant No. 3 will be at liberty to withdraw the remaining amount on being proper verification and identification by the concerned counsel of the case subject to production of the Death Certificate of respondent/claimant No. 1 issued by the competent authority.

Statutory deposit, if any, shall be returned to the Insurance Company.

The appeal stands disposed of in terms above.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010081212023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1227/2023o THEoNATIONALoINSURANCEoCOMPANYoLIMITEDo HAVINGoITSoREGISTEREDoHEADoOFFICEoATo3oMIDDLETONoSTREET,o CALCUTTAo700071oANDoREGIONALoOFFICEoAToBHANGAGARH,o GUWAHATI,oREPRESENTEDoBYoTHEoREGIONALoMANAGER,oGUWAHATIo 781005,oDISToKAMRUPoMoASSAM VERSUSo ARPITAoMESHo@oARPITAoGOGOIoMECHoANDo3oORSo W/OoLATEoNITYANANDAoMECHo@oMESHo RESIDENToOFoVILLAGEoDUKANIoGAON,oPSoSANDIYA,oDISToTINSUKIA,o ASSAMo PRESENToADDRESSo C/OoMONOWARAoKHATUN,o RESIDENToOFoKATAHBARI,oPSoGARCHUK,oDISToKAMRUPMoASSAM 2:MS.oVIOLINAoMECH o(MINORoDAUGHTER)o D/OoLATEoNITYANANDAoMECHo@oMESHo RESIDENToOFoVILLAGEoDUKANIoGAON oPSoSANDIYA oDISToTINSUKIA oASSAMo PRESENToADDRESSo C/OoMONOWARAoKHATUN o RESIDENToOFoKATAHBARI Page No.# 2/6 PS GARCHUK DIST KAMRUPM ASSAM 3:SMTI PABITRI MECH (MOTHER) W/O SRI SAMBHU MECH RESIDENT OF VILLAGE DUKANI GAON PS SANDIYA DIST TINSUKIA ASSAM PRESENT ADDRESS C/O MONOWARA KHATUN RESIDENT OF KATAHBARI PS GARCHUK DIST KAMRUPM ASSAM 4:SRI SAMBHU MECH S/O LATE BAPURAM MECH (FATHER) RESIDENT OF VILLAGE DUKANI GAON PS SANDIYA DIST TINSUKIA ASSAM PRESENT ADDRESS C/O MONOWARA KHATUN RESIDENT OF KATAHBARI PS GARCHUK DIST KAMRUPM ASSAM 5:MADUCON PROJECT LTD. REPRESENTED BY ITS MANAGER RESIDENT OF KARKATTA RAJAULATU PO RANCHI DIST AND PS JHARKHAND 83400 Advocate for the Petitioner : MRS. D DAS BARMAN Advocate for the Respondent : Page No.# 3/6 Linked Case : THE NATIONAL INSURANCE COMPANY LIMITED VERSUS ARPITA MESH @ ARPITA GOGOI MECH AND 3 ORS B ------------ Advocate for : MRS. D DAS BARMAN Advocate for : appearing for ARPITA MESH @ ARPITA GOGOI MECH AND 3 ORS B Linked Case : THE NATIONAL INSURANCE COMPANY LIMITED VERSUS ARPITA MESH @ ARPITA GOGOI MECH AND 3 ORS B ------------ Advocate for : MRS. D DAS BARMAN Advocate for : appearing for ARPITA MESH @ ARPITA GOGOI MECH AND 3 ORS B Page No.# 4/6 NATIONAL LOK ADALAT (HELD ON 09TH OF SEPTEMBER, 2023) :::BEFORE::: HON'BLE MRS. JUSTICE MITALI THAKURIA Name of the Concillators: 1. Ms. Purnima Baruah Bordoloi 2. Mr. Dipankar Kumar Bagchi