United India Insurance Co Ltd v. Ranu Rabha and 4 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 25.06.2024 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup (M), Guwahati (for short MACT, Guwahati) in MAC Case No. 1458/2018 whereby an amount of Rs. 16,25,550.72/- along with interest was directed to be paid by the Insurance Company.

Shri A Munin Chowdhury, Regional Manager of the Insurance Company and the claimant-Ms. Ranu Rabha along with her learned counsel, Ms. B Dutta are present today i.e., 14.09.2024 in the National Lok Adalat. The parties present before this Court jointly submit that the matter has been settled between the parties and an amount of Rs.21,00,000/- as full and final settlement has been agreed upon. In view of the above, the appeal stands closed with a direction that the Page No.# 3/3 Insurance Company shall deposit the amount of Rs.21,00,000/- being the full and final settlement before the MACT, Guwahati 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. 21,00,000/-, Rs.10,00,000/- is directed to be released in favour of the claimant no. 1-Ms. Ranu Rabha;

ii) Rs. 4,00,000/- is directed to be released in favour of the claimant no. 2-Ms. Machali Rabha;

iii) Rs. 2,00,000/- is directed to be deposited in Fixed Deposit scheme in the name of claimant no. 1-Ms. Ranu Rabha in any nationalized bank for a period of 3 years.; and

iv) Rs. 5,00,000/- is directed to be deposited in Fixed Deposit scheme in the name of claimant no. 3-Shri Mohit Rabha 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 GAHC010183872024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./470/2024o UNITEDoINDIAoINSURANCEoCOoLTDo HAVINGoITSoREGISTEREDoANDoHEADoOFFICEoATo24oWHITESoROAD,o CHENNAI,o600014oANDoONEoOFoTHEoREGIONALoOFFICEoAToGSoROAD,o DISPURoGUWAHATIo781005 VERSUSo RANUoRABHAoANDo4oORSo W/OoLATEoTAPANoRABHA,o RESIDENToOFoVILLAGEoBARIAPARA,oPOoANDoPSoRANGJULI,oDISTo KAMRUPoASSAMo783130 2:SMTIoMACHALIoRABHA. oW/OoGOPENoRABHA o RESIDENToOFoVILLAGEoBARIAPARA oPOoANDoPSoRANGJULI oDISToKAMRUPoASSAMo783130 3:SHRIoMOHIToRABHA oS/OoLATEoTAPANoRABHA o RESIDENToOFoVILLAGEoBARIAPARA oPOoANDoPSoRANGJULI oDISToKAMRUPoASSAMo783130.o TOoBEoREP.oBYoRES.oNO.o1 4:SRIoMITHILESHoKUMARoMANDAL oS/OoTHAKURoMANDAL.o RESIDENToOFoJOWAHARoNAGAR oBELTOLA oPSoBASISTHA Page No.# 2/3 GUWAHATI DIST KAMRUPM ASSAM 781029 5:SRI MOKAT RABHA S/O LADHAN RABHA RESIDENT OF VILLAGE BELPARA PO AND PS RANGJULI DIST GOALPARA ASSAM 78313 Advocate for the Petitioner : MR. A J SAIKIA, MR. S. PEGU,M CHETIA Advocate for the Respondent : B DUTTA (R-1,2), BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI