United India Insurance Company Ltd v. Sarojani Mallick and 2 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

25.06.2024 passed by the Learned Member, Motor Accident Claims Tribunal No.2, Kamrup (M) in MAC Case No. 310/2017.

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

¶3The parties present before this Court jointly submit that the matter has been settled between the parties and a lump sum amount of Rs.14,80,000/- has been agreed upon.

¶4In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the aforesaid amount of Rs.14,80,000/- being the full and final settlement before the Motor Accident Claims Tribunal No. 2, Kamrup (M) within a period of 45 days from today.

¶5The manner of release of the aforesaid amount would be in the following terms:

i) Out of the aforesaid awarded amount of Rs.14,80,000/-, Rs.10,80,000/- is directed to be released to the claimant – Smti. Sarojani Mallick and the remaining amount of Rs.4,00,000/- is Page No.# 3/3 directed to be deposited in a Fixed Deposit scheme in the name of claimant – Smti. Sarojani Mallick in any nationalized bank for a period of 3 years.

¶6The claimant would be at liberty to withdraw the aforesaid amount on being properly identified by their learned counsel.

¶7The 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 GAHC010177362024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./435/2024o UNITEDoINDIAoINSURANCEoCOMPANYoLTDo HAVINGoITSoREGISTEREDoOFFICEoANDoHEADoOFFICEoATo24oWHITESo ROAD,oCHENNAIoANDoITSoREGIONALoOFFICEoAToG.SoROAD,oDISPUR,o GUWAHATI. VERSUSo SAROJANIoMALLICKoANDo2oORSo M/O.oLT.oDILIPoMALLICK,oR/O.oVILL.oAMGURI,oP.S.oBAITHALANGSHO,oDIST. KARBIoANGLONG,oASSAM,oPIN-782450 2:MD.oRIFULoISLAM oS/O.oABDULoMAZID oR/O-C/O.oKESHABoMEDHI oAMIYAoNAGAR oH/N-110 oBYEoLANE-1 oCHANDMARI oP.S-oCHANDMARI oDIST.oKAMRUPo(M) oASSAM oPIN-781003. 3:MD.oAJGARoALI oS/O.oABDULoMAZID oR/O.oVILL.o2oNO.oNARAMARI oP.O.oBANGALDHARA oP.SoDHARAMTUL oDIST.oMORIGAON oASSAM oPIN-78241o Page No.# 2/3 Advocate for the Petitioner : MR. R GOSWAMI, MS. M SAIKIA,MS. P BORTHAKUR Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI