Oriental Insurance Co. Ltd v. Kalpana Hajong and 4 Ors

ORDER

The case is put up before the National Lok Adalat.

The Insurance Company is represented by its officials.

The claimants-Smt. Kalpana Hajong, wife of deceased, & Shri Nalini Hajong, son of deceased, are duly present along with their engaged counsel. However, the minor daughter of the deceased, Ms. Devi Hajong, is not present.

It is submitted that the earlier awarded amount was Rs. 13,63,050/- (Rupees thirteen lakhs sixty three thousand fifty) only and after negotiation, Page No.# 4/5 both the parties are agreed to settle the matter on an amount of Rs. 13,00,000/- (Rupees thirteen lakhs) only as full and final settlement.

Accordingly, the appellant/Oriental Insurance Co. Ltd. is hereby directed to deposit the amount of Rs. 13,00,000/- (Rupees thirteen lakhs) only before the Registry of this Court within a period of 2 (two) months from today.

Further it is seen that the learned Member MACT, Goalpara, has already directed to deposit an amount of Rs. 4,00,000/- (Rupees four lakhs) only in the name of claimant/Smt. Kalpana Hajong, Rs. 3,00,000/- (Rupees three lakhs) only in the name of claimant/Nalini Hajong and Rs. 3,00,000/- (Rupees three lakhs) only in the name of claimant/Ms. Devi Hajong in any nationalized bank as fixed deposits for the period of 2 (two) years, till attaining the age of majority and till she attain her majority, respectively. But it is seen that the son of the deceased, Shri Nalini Hajong, has already attained his majority.

However, considering the submission made by the claimants' side and also considering the financial constraints of the claimants, let Rs. 2,00,000/- (Rupees two lakhs) only in the name of claimant/Smt. Kalpana Hajong, Rs. 1,00,000/- (Rupees one lakh) only in the name of Shri Nalini Hajong and Rs. 3,00,000/- (Rupees three lakhs) only in the name of claimant/Ms. Devi Hajong (minor daughter) be deposited in any nationalized bank as fixed deposits for the period of 2 (two) years, 2 (two) years and till attaining the age of majority, respectively.

Registry to do the needful accordingly. Page No.# 5/5 Further, the claimants will be at liberty to withdraw the remaining amount on being proper verification and identification by the concerned counsel of the case.

Registry is further directed to return the statutory deposited amount of Rs. 25,000/- (Rupees twenty five thousand) only to the Insurance Company.

The appeal along with the interlocutory application stands disposed of in terms above.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010179642023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2493/2023o ORIENTALoINSURANCEoCO.oLTD.o HAVINGoITSoREGISTEREDoOFFICEoAToORIENTALoHOUSE,oA-25/27,oASAFoALI ROAD,oNEWoDELHI-o110002,oANDoREGIONALoOFFICEoAToGUWAHATI-o7,oREP. BYoTHEoREGIONALoMANAGER. VERSUSo KALPANAoHAJONGoANDo4oORS.o W/OoLATEoMRINALoHAJONG,o VILL.-oGHUNGHUNIoBHITA,o P.O.oANDoP.S.-oLAKHIPUR,oDIST.-oGOALPARA,oASSAM,oPIN-o783129. 2:NALINIoHAJONG oS/OoLATEoMRINALoHAJONG o VILL.-oGHUNGHUNIoBHITA o P.O.oANDoP.S.-oLAKHIPUR oDIST.-oGOALPARA oASSAM oPIN-o783129. 3:DEVIoHAJONG oD/OoLATEoMRINALoHAJONG o VILL.-oGHUNGHUNIoBHITA o P.O.oANDoP.S.-oLAKHIPUR oDIST.-oGOALPARA oASSAM oPIN-o783129. Page No.# 2/5 4:SABINA SARKAR W/O ABUL HASIRA R/O L-2 BLOCK NO. 2 PRESTIGE TOWER PURAN BASTI PANJABARI P.S.- DISPUR DIST.- KAMRUP (M) ASSAM PIN- 781022. 5:AHMED ALI S/O ANSER ALI R/O MANIPUR P.O.- MAKRIJHARA P.S.- BAGRIBARI DIST.- DHUBRI ASSAM PIN- 783349 Advocate for the Petitioner : MR SISHIR DUTTA Advocate for the Respondent : Linked Case : ORIENTAL INSURANCE CO. LTD VERSUS KALPANA HAJONG AND 4 ORS. H ------------ Advocate for : MS. M CHOUDHURY Advocate for : appearing for KALPANA HAJONG AND 4 ORS. H Page No.# 3/5 NATIONAL LOK ADALAT (HELD ON 09TH OF SEPTEMBER, 2023) :::BEFORE::: HON'BLE MRS. JUSTICE MITALI THAKURIA Name of the Concillators: 1. Ms. Purnima Baruah Bordoloi 2. Mr. Dipankar Kumar Bagchi