Mustt Abjan Nessa and Anr v. M/S Bajaj Allianz General Insurance Co. Ltd.,

ORDER 03-06-2024 Heard Shri D. Das, learned counsel for the applicants. Also heard Shri T. Kalita, learned counsel for the respondent-Insurance company. By this application, the applicants have prayed for a correction of the order dated 12.12.2020 passed by this Court in terms of a settlement arrived at in the Lok Adalat held on that date. Shri Das, the learned counsel for the applicants has submitted that though there is no disputes in principle with the amount in question, it appears that due to an incorrect submission, this Court had recorded that out of the total settled amount of Rs.12,00,000/- (Rupees Twelve Lakh) only, an amount of Rs.7,19,775/- (Rupees Seven Lakh Nineteen Thousand Seven Hundred Seventy Five) only was paid to the claimants. It is submitted that the aforesaid amount of Rs.7,19,775/- (Rupees Seven Lakh Nineteen Thousand Seven Hundred Seventy Five) only was actually deposited in the Registry of this Court which was yet to be released to the claimants. This Court has however been informed that so far as the remaining amount of Rs.4,80,225/- (Rupees Four Lakh Eighty Thousand Two Hundred Twenty Five) is concerned there is no dispute and the same has in the meantime been deposited and also released to the applicants. Shri Kalita, the learned counsel for the Insurance Company does not object to the aforesaid prayer for correction. In view of the above, the order dated 12.12.2020 stands modified by directing that the initial amount of Rs.7,19,775/-(Rupees Seven Lakh Nineteen Thousand Seven Hundred Seventy Five) only be also released to the Page No.# 3/3 applicants/claimants on being properly identified. The aforesaid release be done within a period of one month from today. IA stands allowed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010187602023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2492/2023o oooooooooooooInoMACoAppoNo.o626/2017 MUSTToABJANoNESSAoandoANR.o W/OoMD.oOHEDoALI,oR/OoVILL.oBALIGAON,oP.O.oBASHBERA,oP.S.o THELAMARA,oDIST.oSONITPUR,oASSAM,oPINo784506 2:oMUSTT.oMORJINAoKHATUN oW/OoLATEoNIZAMUDDINo@oNIZAMoALI oR/OoVILL.oBALIGAON oP.O.oBASHBERA oP.S.oTHELAMARA oDIST.oSONITPUR oASSAM oPINo78450o VERSUSo M/SoBAJAJoALLIANZoGENERALoINSURANCEoCO.oLTD.,o HAVINGoITSoREGISTEREDoOFFICEoAToGEoPLAZA,oAIRPORToROAD,o YERWADA,oPUNEo411006oANDoAoBRANCHoOFFICEoAToB.BAROOAHoROAD,o ULUBARI,oGUWAHATI. AdvocateoforotheoPetitionerooooo:oMR.oDITULoDASo AdvocateoforotheoRespondento:oMRoToKALITAoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI