United India Insurance Company Ltd v. Anita Daimary and 6 Ors

ORDER

14.09.2024 This is an appeal filed by the appellant-United India Insurance Co. Ltd. (for short Insurance Company) against the judgment and award dated 01.06.2024 passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur, Tezpur (for short MACT, Sonitpur) in MAC Case No. 02/2022 (Death) whereby an amount of Rs. 80,93,671/- was directed to be paid by the Insurance Company. Shri A Munin Chowdhury, Regional Manager of the Insurance Company and the claimant nos.1-Smti. Anita Daimary and 4-Smti. Fuleswari Daimari along with their learned counsel, Ms. SK Nath are present today i.e., 14.09.2024 in the National Lok Adalat. Page No.# 3/3 The parties present before this Court jointly submit that the matter has been settled between the parties and an amount of Rs.80,00,000/- as full and final settlement has been agreed upon. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the amount of Rs.80,00,000/- being the full and final settlement before the MACT, Sonitpur within a period of 45 days from today. The claimants would be at liberty to withdraw the aforesaid amount on being properly identified by their learned counsel. The manner of release of the aforesaid amount would be in the following terms:

i) Out of the aforesaid amount of Rs. 80,00,000/-, Rs. 40,00,000/- is directed to be released in favour of the claimant no. 1-Smti. Anita Daimary;

ii) Rs. 20,00,000/- is directed to be released in favour of the claimant no. 4-Smti Fuleswari Daimari; and

iii) Rs.10,00,000/- each is directed to be deposited in Fixed Deposits scheme in the name of claimant nos. 2-Shri Dev Daimary and 3. Shri Pranav Daimary in any nationalized bank for a period of 3 years.

The 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 GAHC010179482024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./458/2024o UNITEDoINDIAoINSURANCEoCOMPANYoLTDo HAVINGoITDoREGISTEREDoOFFICEoANDoHEADoOFFICEoATo24,oWHITESo ROAD,oCHENNAIoANDoITSoREGIONALoOFFICEoAToG.SoROAD,oDISPUR,o GUWAHATI,oANDoREPRESENTEDoBYoTHEoCHIEFoREGIONALoMANAGER,o GUWAHATIoREGIONALoOFFICE,oG.SoROAD,oDISPUR,oGUWAHATI-781005 VERSUSo ANITAoDAIMARYoANDo6oORSo W/O.oLT.oLAKHESWARoDAIMARY 2:SRI.oDEVoDAIMARY oS/O.oLT.oLAKESHWARoDAIMARY 3:SRI.oPRANAVoDAIMARY oS/O.oLT.oLAKESHWARoDAIMARY 4:SMTI.oFULESWARoDAIMARY oW/O.oSRI.oRANJANoDAIMARI oALLoAREoRESIDENToOFoVILL.oTHELAMARAoGHAToSAINIKoCOLONY oP.O.oANDoP.S.oTHELAMARA oDIST.oSONITPUR oASSAM oPIN-784149 oRESPONDENToNO.o3oBEINGoMINORoISoREPRESENTEDoBYoBYoHERoLEGALo GAURDIANoMOTHERoi.e.oRESPONDENToNO.1 5:SRI.oPRANABoMEDHI oS/O.oSRI.oGHANAoKANTAoMEDHI oR/O.oVILL.oSAULAGURI oP.OoODALGURI oP.S.oPATARCHARKUCHI Page No.# 2/3 DIST. BAJALI ASSAM PIN-781326. 6:SRI. NIPON NATH S/O/ LT. MOHUM NATH VILL. KAKATI CHUBURI P.S. TEZPUR DIST. SONITPUR ASSAM PIN-784150 7:RELIANCE GENERAL INSURANCE COMPANY LTD. REPRESENTED BY BRANCH MANAGER ANIL PLAZA 5TH FLOOR BESIDES IDBI BUILDING ABC G.S. ROAD GUWAHATI-78100 Advocate for the Petitioner : MR. R GOSWAMI, MS. P BORTHAKUR,MS. M SAIKIA Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI