The National Insurance Company Ltd v. Md. Rustam Ali

ORDER Date : 29.07.2024

¶1Heard Mr. N. M. Dutta, learned counsel for the appellant. Also heard Mr. B. Islam, learned counsel for the respondent No. 1.

¶2It is submitted at the bar that this case was referred to the Gauhati High Court Mediation Centre for mediation and the matter has been amicably settled between the parties during mediation and an agreement dated 14.06.2024 has also been executed between the parties in terms of the settlement arrived at during the mediation.

¶3I have perused the report of the Secretary, Gauhati High Court Mediation Centre which states that the mediation between the parties has been successful and parties to this appeal have agreed to terms and conditions for settlement of dispute as mentioned in the mediation agreement dated 14.06.2024 wherein it has been agreed between the parties that total settlement value of the case stands at Rs.23,76,500/- only and the additional amount of Rs.14,00,000/- shall be paid by the appellant to the respondent within a period of ninety days from the date of signing of the mediation agreement by depositing the said amount before the Registry of this Court.

¶4In view of the amicable settlement reached between the parties, during the mediation, this appeal is disposed of in terms of the said amicable settlement agreed to between the parties and has reflected in the mediation agreement dated 14.06.2024.

¶5As the appellant has already deposited Rs.9,76,500/- before the Registry Page No.# 3/3 of this Court, the remaining amount of Rs.14,00,000/- shall be deposited by the appellant to the respondent No. 1 before this Court before lapse of ninety days from 14.06.2024.

¶6This appeal is accordingly disposed of.

¶7The Appellant/Insurance Company is allowed to receive back the statutory deposit of Rs.25,000/- which was deposited by the appellant at the time of filing of the instant appeal. The Registry shall refund the said amount after proper verification.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010113302018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./444/2018o THEoNATIONALoINSURANCEoCOMPANYoLTD.o HAVINGoITSoREGIONALoOFFICEoATo3oMIDDLETONoSTREET,oKOLKATA- 700071oANDoREGIONALoOFFICEoAToG.SoROAD,oBHANGAGARH,oGUWAHATI- 5,oREPRESENTEDoBYoITSoREGIONALoMANAGER,oREGIONALoOFFICE,o GUWAHATI.o(INSURERoOFoTHEoVEHICLEoNO.oAS-01/Q-5594,oASTCoBUS) VERSUSo MD.oRUSTAMoALIo S/OoLATEoRAMJANoALI,oR/OoVILLAGEoDHUPDHARA,oBIDYAPARA,o COLLEGEoROAD,oP.S.oDHUPDHARA,oDIST.oGOALPARAo,ASSAM,o783101 2:SRIoSANKARoGHOSH oS/OoLATEoBISWANATHoGHOSH oR/OoA.K.oAZADoROAD oKALAPAHAR oGUWAHATIo-o16 oDIST.oKAMRUP(M) oASSAM.o(OWNERoOFoTHEoVEHICLEoNO.oAS-01/Q-5594 oASTCoBUS) 3:SRIoPARIMALoPAUL oS/OoLATEoDHARANIoPAUL oR/OoVILLAGEoEASToKHAGRABARI oP.S.oKOCHoBIHAR oJALPAIGURI oPINo-o735101.o(DRIVERoOFoTHEoVEHICLEoNO.oAS-01/Q-5594 oASTCoBUSo AdvocateoforotheoPetitionerooooo:oMR.oAoDUTTAo AdvocateoforotheoRespondento:oMR.oAoKHANIKARoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA