The Bajaj Allianz General Insurance Co. Ltd v. Md Assadar Ali and 2 Ors

ORDER

20.12.2024 Mr. A. Bhattacharyya, learned counsel for the appellant/Insurance Company submits that he has received instructions not to press the instant appeal and accordingly, makes an endorsement to that effect.

¶2It appears that the instant appeal has been filed by the Insurance Company against the Judgment and Award dated 13.11.2017 passed by the learned MACT, Cachar, Silchar, Assam, in MAC Case No.14/2011, whereby compensation of Rs.16,330/- (Rupees Sixteen Thousand Three Hundred Thirty) was awarded in favour of the claimant along with 6% per annum interest w.e.f. the date of filing of the claim application till realization of the full amount.

¶3Pertinent that at the time of filing the present appeal, the appellant/ Insurance Company deposited an amount of Rs.8165/- (Rupees Eight Thousand One Hundred Sixty Five) by cheque bearing No.783793 dated 18.07.2018 issued in favour of the Registrar General, Gauhati High Court on 30.07.2018 against the statutory deposit for filing of appeal under Section 173 of the Motor Vehicles Act, 1988.

¶3In view of the endorsement made today, the present appeal filed by the Insurance Company stands dismissed on withdrawal. It is accordingly provided Page No.# 3/3 that the statutory deposit, which was deposited by the appellant/ Insurance Company, as stated above, shall be returned forthwith to the appellant/Insurance Company by the Registry.

¶4It is needless to be clarified that the entire amount of the awarded compensation or balance, as the case may be, shall be deposited by the appellant/Insurance Company before the Registry for releasing the same in favour of the claimant, as provided in the judgment and order under appeal within 6(six) weeks from today and as and when the said awarded amount is deposited by the appellant/Insurance Company, the Registry shall forthwith release the same to the claimant in accordance with law.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010165622018 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./721/2018o THEoBAJAJoALLIANZoGENERALoINSURANCEoCO.oLTDo HAVINGoITSoREGD.oANDoHEADoOFFICEoAToGEoPLAZA,oAIRPORToROAD,o NERADA,oPUNE-o411006oANDoNORTHoEASTERNoREGIONALoOFFICEoATo SREEJIoTOWER,o2NDoFLOOR,oC/OoGAUHATIoTEAoWAREoHOUSINGoPVT.o LTD.,oADJACENToTOoMAHINDRAoSHOWROOM,oCHRISTIANoBASTI,oGHY-5,o KAMRUPo(M)oDISTRICT,oASSAMo(REP.oBYoITSoLEGALoEXECUTIVE,oCLAIMSo DEPTT.,oMR.oRANJANoJYOTIoBORAH) VERSUSo MDoASSADARoALIoANDo2oORSo S/O-oLToRASHIDoALI,oR/O-oVILL-oTELTIKAR,oPART-II,oP.S.oKATIGORAH,oDIST- CACHAR,oASSAM,oPIN-o788805 2:MD.oMOTIURoRAHMAN oS/O-oLToATAURoRAHMAN oR/O-oVILL-oKORAIKANDIoPART-II oP.S.oKATIGORAH oDIST-oCACHAR oASSAM oPIN-o788805o(OWNERoOFoTHEoOFFENDINGoVEHICLE) 3:MD.oAHMEDoMUSTAFA oS/O-oMOTIURoRAHMAN oR/O-oVILL-oKORAIKANDIoPART-II oP.S.oKATIGORAH oDIST-oCACHAR oASSAM oPIN-o788805o(DRIVERoOFoTHEoOFFENDINGoVEHICLEo AdvocateoforotheoPetitionerooooo:oMR.oAoBHATTACHARYYA,o Page No.# 2/3 Advocate for the Respondent : MR. S NATH, MR. T U LASKAR (R-1),MR E AHMED (R-1),MS C MEDHI BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI