United India Insurance Co. Ltd v. Dulu Begum and 5 Ors

ORDER

09.09.2023 This is an appeal filed by the appellant-United India Insurance Company Ltd. (for short Insurance Company) against the judgment and award dated

01.02.2023 passed by the Motor Accident Claims Tribunal No. 2, Kamrup (M), Guwahati (for short MACT, Kamrup) in MAC Case No.2565/2016 whereby an amount of Rs.14,19,400/- along with interest, as compensation, was directed to be paid by the appellant-Insurance Company to the claimants-respondents. Sri A Munin Choudhury, Regional Manager of the Insurance Company and the claimant no. 1. Dulu Begum (wife); 2. Miss Mamata Begum (daughter) and

¶3Hashna Begum (sister) along with their learned counsel, Shri D Mondal are present today i.e., 09.09.2023 in the National Lok Adalat. The parties present before this Court jointly submit that the matter has been settled outside the Court and a lump sum amount of Rs. 18,25,000/- as Page No.# 4/5 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 balance amount of Rs. 18,25,000/- being the full and final settlement before the MACT, Kamrup within a period of 60 days from today. The claimant would be at liberty to withdraw the aforesaid total amount of Rs. 18,25,000/- on being properly identified by their learned counsel. The manner of release of the aforesaid amount would be in the following terms:

i) Out of the aforesaid awarded amount of Rs. 18,25,000/-, an amount of Rs. 50,000/- be released in favour of the claimant no. 3 (sister);

ii) An amount of Rs. 4,00,000/- each is directed to be deposited in a Fixed Deposit scheme in the names of claimant no. 1-Dulu Begum

(wife) and no. 2-Miss Mamata Begum (daughter) in any nationalized bank for a period of 3 years.

iii) Remaining amount of Rs. 9,75,000/- be released in favour of the claimant no. 1-Dulu Begum.

The statutory deposit of Rs.25,000/- made by the Insurance Company at the time of filing of the appeal would be refunded by the Registry of this Court to the Insurance Company within the said period of 60 days. Page No.# 5/5 Both the Interlocutory Application and the MAC appeal are accordingly disposed of. Registry is directed to allot registration number in the appeal.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010098722023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1446/2023oIno MACoApp./5183/2023o(filingonumber) withoMACoApp./5183/2023o(filingonumber)o UNITEDoINDIAoINSURANCEoCO.oLTD.o HAVINGoITSoREGISTEREDoOFFICEoATo24,oWHITESoROAD,oCHENNAI-o600014o ANDoREGIONALoOFFICEoAToGUWAHATI-o5,oREP.oBYoTHEoREGIONALo MANAGER. VERSUSo DULUoBEGUMoANDo5oORS.o W/OoLATEoBABULoALI,o VILL.-oNO.o1oBEJPARA,o P.S.-oMANGALDOI,o DIST.-oDARRANGo(ASSAM),oPIN-o784125. 2:MAMATAoBEGUM oD/OoLATEoBABULoALI o VILL.-oNO.o1oBEJPARA o P.S.-oMANGALDOI o DIST.-oDARRANGo(ASSAM) oPIN-o784125. 3:HASHNAoBEGUM oSISTERoOFoLATEoBABULoALI o VILL.-oNO.o1oBEJPARA o P.S.-oMANGALDOI o Page No.# 2/5 DIST.- DARRANG (ASSAM) PIN- 784125. 4:AMZAD ALI FATHER OF LATE BABUL ALI VILL.- NO. 1 BEJPARA P.S.- MANGALDOI DIST.- DARRANG (ASSAM) PIN- 784125. 5:RAVI SHANKAR SINGH S/O LATE BHARAT SINGH R/O 195B SHYAM NAGAR ROAD RUPALLAPPT BLOCK B P.S.- DUMDUMA KOLKATA- 700055. 6:SAMBHU ROY S/O NAGESWAR ROY R/O B.T. ROAD KOLKATA P.S.- CHITPUR DIST.- KOLKATA WEST BENGAL PIN- 700002 Advocate for the Petitioner : MS. M CHOUDHURY Advocate for the Respondent : MR D MONDAL (R-1 to 3) Page No.# 3/5 MAC App./5183/2023 (filing number) UNITED INDIA INSURANCE CO. LTD. VERSUS DULU BEGUM AND 5 ORS. E ------------ Advocate for : MS. M CHOUDHURY Advocate for : appearing for DULU BEGUM AND 5 ORS. E BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI