New India Assurance Co. Ltd v. Rashida Begum and 6 Ors (E)

ORDER

The case is put up before the National Lok Adalat.

The Insurance Company is represented by its officials.

The claimants are duly present along with engaged counsel.

It is submitted that the earlier awarded amount was Rs. 19,33,600/- (Rupees nineteen lakhs thirty three thousand six hundred) only and out of which, Rs. 5,80,080/- (Rupees five lakhs eighty thousand eighty) only has already been paid by the Insurance Company and the same is also distributed amongst the claimants in terms of the order passed by the learned Tribunal.

Both the parties are agreed to settle the matter on an amount of Rs. 17,25,000/- (Rupees seventeen lakhs twenty five thousand) only as full and final settlement and since the Insurance Company has already paid an amount of Rs. Page No.# 4/4 5,80,080/- (Rupees five lakhs eighty thousand eighty) only to the claimants, they are ready to pay the remaining amount of Rs. 11,44,920/- (Rupees eleven lakhs forty four thousand nine hundred twenty) only to the claimants.

Accordingly, the appellant/New India Assurance Company Ltd. is hereby directed to deposit the remaining amount of Rs. 11,44,920/- (Rupees eleven lakhs forty four thousand nine hundred twenty) only before the Registry of this Court within a period of 1 (one) month from today and out of the said amount, Rs. 1,00,000/- (Rupees one lakhs) only each be deposited in the name of the 2

(two) minor children as fixed deposit in any nationalized bank till they attain their majority and Rs. 3,00,000/- (Rupees three lakhs) only be paid to the claimant/mother of the deceased and thereafter the balance amount be released in favour of the claimant No. 1-Rashida Begum.

Accordingly, the claimants will be at liberty to withdraw the same on being proper verification and identification by the engaged counsel of the case.

Registry to return the statutory deposited amount, if any, to the Insurance Company.

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

PageoNo.#o1/4 GAHC010117222020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./80/2021o NEWoINDIAoASSURANCEoCO.oLTD.o AoCO.oREGISTEREDoUNDERoTHEoCOMPANIESoACT,o1956oREPRESENTEDoBYo ITSoREGIONALoMANAGER,oG.S.oROAD,oGUWAHATI-7 VERSUSo RASHIDAoBEGUMoANDo6oORSo(E)o W/OoLATEoRAFIKoALI,oR/OoVILL.oKANDAPARAoUNDERoP.O.oKADONG,oP.S.o BARPETA,oDIST.oBARPETA,oASSAMo781314 2:RUFIDAoKHATUNo(MINORoDAUGHTER) oD/OoLATEoRAFTIKoALI oR/OoVILL.oKANDAPARAoUNDERoP.O.oKADONG oP.S.oBARPETA oDIST.oBARPETA oASSAMo781314 3:RUBIAoKHATUNo(MINORoDAUGHTER) oD/OoLATEoRAFIKoALI oR/OoVILL.oKANDAPARAoUNDERoP.O.oKADONG oP.S.oBARPETA oDIST.oBARPETA oASSAMo781314 4:JAMIRANoNESSAo(MOTHER) oM/OoLATEoRAFIKoALI oR/OoVILL.oKANDAPARAoUNDERoP.O.oKADONG oP.S.oBARPETA oDIST.oBARPETA oASSAMo781314 5:TAHAJoUDDINo(FATHER) Page No.# 2/4 F/O LATE RAFTIK ALI (RESPONDENT NO. 2 AND 3 BEING MINOR ARE REPRESENTED BY THEIR NATURAL GUARDIAN I.E.MOTHER RASHIDA BEGUM THE RESPONDENT NO. 1) R/O VILL. KANDAPARA UNDER P.O. KADONG P.S. BARPETA DIST. BARPETA ASSAM 781314 6:REZAUL HAQUE C/O MAZID MALLIK R/O VILL. AND P.O SATRAKANARA P.S. BAGHBAR DIST. BARPETA ASSAM 781308 7:SHAHANUR ISLAM S/O SHUKUR ALI R/O VILL. AND P.O. BALIKURI P.S. KALGACHIA DIST. BARPETA ASSAM 78131 Advocate for the Petitioner : MRS B ACHARYA, MR. A ACHARYA Advocate for the Respondent : MR. M AHMED (r-1 to 5), MR D MONDAL (r-1 to 5) Page No.# 3/4 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