New India Assurance Company Ltd v. Mrs. Runilla Basumatary and 2 Ors

ORDER Date : 14.12.2024

In this case, the claimant is Mr. Bharat Ch. Basumatary, which appears from the copy of the award dated 04.02.2017, passed by the learned Member, MACT No.3, Kamrup (M), Guwahati in MAC Case No.695/2007 (1348/2007). However, in the cause title of this appeal, the wife, who is the representative of the claimant, is arrayed as respondent no.1.

¶2The claimant himself is present today along with Ms. M. Devi, learned counsel and he has admitted that after negotiated settlement, the parties have agreed for a total settlement amount of Rs.13,46,000/- (Rupees thirteen lakh forty six thousand only) as full and final settlement of all the claims of the respondent against the order and award dated 04.02.2017, passed by the learned Member, MACT No.3, Kamrup (M), Guwahati in MAC Case No.695/2007 (1348/2007). Out of the settlement amount, an amount of Rs.5,73,007/- (Rupees five lakh seventy three thousand seven only) has already been deposited before the Registry of this Court.

¶3Accordingly, the matter is settled on compromise in terms of the pre-settlement/compromise slip for the National Lok Adalat, which is made as a part of record.

¶4Both the parties shall put their signature in the pre-settlement compromise slip as token of acceptance for the settlement.

¶5Accordingly, the New India Assurance company Ltd. Ltd. shall deposit the remaining settlement amount of Rs.7,72,993/- (Rupees seven lakh seventy Page No.# 3/3 two thousand nine hundred ninety three only) in favour of the claimant before the Registry of this Court within a period of 30 (thirty) days from the date of the this settlement order, failing which the amount shall carry interest @ 9% per annum till the date of deposit.

¶6Out of the remaining settlement amount, 30% be kept in a fixed deposit account for 3 (three) years in favour of the claimant and the balance amount shall be released to the claimant on satisfaction of his identity.

¶7On furnishing proof of the deposit of the entire settlement amount, the Registry shall release the statutory deposit made by the appellant.

¶8The matter is disposed of in this Lok Adalat.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010172292017 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./73/2019o NEWoINDIAoASSURANCEoCOMPANYoLTD.o HAVINGoITSoREGISTEREDoANDoHEADoOFFICEoAToNEWoINDIAoASSURANCEo BUILDING,o87oMAHATMAoGANDHIoROAD,oFORT,oMUMBAIo400001oANDo REGIONALoOFFICEoAToG.S.oROAD,oGUWAHATI-5,oREPRESENTEDoBYoTHEo CHIEFoREGIONALoMANAGER VERSUSo MRS.oRUNILLAoBASUMATARYoando2oORSo W/OoSRIoBHARAToCH.oBASUMATARY,oVILL.oRNBoCIVILoHOSPITALoCAMPUS, P.S.oKOKRAJHAR,oDIST.oKOKRAJHAR,oASSAM,o788301. 2:JAYANTAoSARMA oS/OoSRIoBIBEKANANDAoSARMA oR/OoSOUTHoSARANI oGUWAHATI-7 oPRESENToADDRESSoSARBODYoPATH oABC oBHANGAGARH oGUWAHATI oASSAM oPINo78100o AdvocateoforotheoPetitionerooooo:oMS.oNoMODI,oMR.oSoDUTTA,MR.oCoSHARMA,MR.oSIDHANTo DUTTA,MR.oNoKALITAo AdvocateoforotheoRespondento:oMR.oSoKoTALUKDAR,oMR.oBoKoBHAGAWATIo(R-2),MR.oDoBANIA (R-1)oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA