United India Insurance Company Ltd v. Pradip Deka and Ors

ORDER

14.09.2024 This is an appeal filed by the appellant-United India Insurance Company Ltd. (for short Insurance Company) against the judgment and award dated

27.03.2024 passed by the Learned Member, Motor Accident Claims Tribunal No.2, Kamrup (M) in MAC Case No. 1030/2018.

¶2Shri A. Munin Choudhury, Regional Manager of the Insurance Company and the claimant – Shri Pradip Deka along with his learned counsel, Shri N. Debnath are present today i.e., 14.09.2024 in the National Lok Adalat.

¶3It is informed that Rs.15,00,000/- has already been deposited by the Insurance Company, pursuant to the order of this Court.

¶4The parties present before this Court jointly submit that the matter has been settled between the parties and a lump sum amount of Rs.28,00,000/- has been agreed upon.

¶5In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the balance amount of Rs.13,00,000/- being the full and final settlement before the Registry of this Court within a period of 45 days from today.

¶6The manner of release of the aforesaid amount would be in the following terms:

i) Out of the aforesaid awarded amount of Rs.28,00,000/-, Rs.20,00,000/-, is directed to be released to the claimant – Shri Page No.# 3/3 Pradip Deka and the remaining amount of Rs.8,00,000/- is directed to be deposited in a Fixed Deposit scheme in the name of claimant – Shri Pradip Deka in any nationalized bank for a period of 3 years.

¶7The claimant would be at liberty to withdraw the aforesaid amount on being properly identified by his learned counsel.

¶8The statutory deposit of Rs.25,000/- made by the Insurance Company at the time of filing of the appeal would be refunded to the Insurance Company within a period of 30 days. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010126662024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./329/2024o UNITEDoINDIAoINSURANCEoCOMPANYoLTDo AoPUBLICoSECTORoUNDERTAKINGoCOMPANYoREGISTEREDoANDo INCORPORATEDoUNDERoTHEoCOMPANIESoACT,o1956,oHAVINGoITSo REGISTEREDoOFFICEoATo24oWHITESoROADoCHENNAIo600014oWITHoONEoOFo ITSoREGIONALoOFFICEoAToCHIBBERoHOUSEo2NDoFLOOR,oGSoROAD,o,o GUWAHATIo5,oREPRESENTEDoBYoITSoREGIONALoMANAGER,oGUWAHATIo ASSAM VERSUSo PRADIPoDEKAoANDoORSo S/OoLATEoHEMANTAoDEKA,o RESIDENToOFoVILLAGEoLOCH,oPOoANDoPSoBAIHATAoCHARIALI,oDISTo KAMRUP(R)oASSAMo781037 2:SRIoPRANJALoDEKA oS/OoPRASHANTAoDEKA o RESIDENToOFoVILLAGEoLOCH oPOoANDoPSoBAIHATAIoCHARIALI oDISToKAMRUP(R)oASSAMo781037 3:SRIoKISHOREoDEKA oS/OoPRASHANTAoDEKA o RESIDENToOFoVILLAGEoLOCH oPOoANDoPSoBAIHATAIoCHARIALI oDISToKAMRUP(R)oASSAMo78103o AdvocateoforotheoPetitionerooooo:oMR.oRoCoPAUL,o AdvocateoforotheoRespondento:oMR.oN.oDEBNATH(R-1),oo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI