Joshoda Alias Yashoda @ Jakhuda Das v. The New India Assurance Com Ltd and 2 Ors

ORDER

14.12.2024 (K.R. Surana, J)

Mr. S. Das, Assistant Manager of the New India Assurance Co. Ltd. is present. The applicant/appellant, namely, Smt. Joshoda Alias Yashoda @ Jakhuda Das, has appeared along with Mr. B.R. Das, her learned counsel. Page No.# 3/4

¶2Both sides have agreed that that the pre-settlement held between the parties, the respondent no.1/Insurance Company has agreed to pay a additional sum of Rs.5,50,000/- (Rupees five lakh fifty thousand only) to the applicant/appellant in addition to sum of Rs.8,43,481/- (Rupees eight lakh forty three thousand four hundred eighty one only) that has already been deposited. Therefore, the total settlement amount is Rs.13,93,481/- (Rupees thirteen lakh ninety-three thousand four hundred eighty one only) as full and final settlement of all the claims of the appellant/claimant passed by the learned Member, Motor Accident Claims Tribunal, Biswanath Chariali, Sonitpur, Assam in MACT Case No.79/2017 (D).

¶3Accordingly, the matter is settled on compromise in terms of the pre-settlement/compromise slip for the National Lok Adalat, which is made as a part of record.

¶4Both the parties shall put their signature in the pre-settlement compromise slip as token of acceptance for the settlement.

¶5Therefore, in addition to Rs.8,43,481/- (Rupees eight lakh forty three thousand four hundred eighty one only) already deposited a further amount of Rs.5,50,000/- (Rupees five lakh fifty thousand only) shall be deposited by the respondent no.1 i.e. the New India Assurance Co. Ltd. before the Registry of the Court within 30 (thirty) days from the date of the settlement order, failing which the amount shall carry interest @ 9% per annum till the date of deposit.

¶6On such deposit being made, out of the additional amount of Rs.5,50,000/- (Rupees five lakh fifty thousand only), the Registry of the Court shall keep 30% of the amount in a fixed deposit account of any Nationalized Bank for 3 (three) years in favour of the applicant/appellant and shall disburse the remaining amount in favour of the applicant/appellant, namely, Smt. Joshoda Alias Yashoda @ Jakhuda Das in any one name in which she has a bank account and the balance amount shall be released on satisfaction Page No.# 4/4 of her identity.

¶7The matter is disposed of in this Lok Adalat.

¶8In view of the settlement order passed today, this interlocutory application as well as un-numbered appeal stands closed.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010198092024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3078/2024o JOSHODAoALIASoYASHODAo@oJAKHUDAoDASo W/O.oLATEoRANJIToDEKA,oVILL.-oSATBORBARI,oP/O.oMERMUKH,oP/S.o NARAYANPUR,oDIST.-oBISWANATHoCHARIALI,oASSAM. VERSUSo THEoNEWoINDIAoASSURANCEoCOMoLTDoANDo2oORSo REPRESENTEDoBYoR/MANAGERoGUAHATI,oGSoROAD,oKAMRUP,oASSAM. 2:MR.oBINODoKUMARoHARLALKA oS/O.oLATEoSAHANLALoHARLALKA oR/O.-206oDHANUKAoCOMPLEXoBLOCK oA.T.oROAD oATHGAON oGUWAHATI oDIST.-oKAMRUP(M) oPIN-781001 oASSAM. 3:MR.oJAYANTAoSAIKIA oS/O.oBENUoSAILIA oVILL.-oCHOULDHARA oP/O.-oBOGINODI oP/S.-oBOGONODI oDIST.-oBISWANATHoCHARIALI oASSAM oPIN-78703o AdvocateoforotheoPetitionerooooo:o,oMSoMoBHARATI,BoRoDASo AdvocateoforotheoRespondento:o,oo Page No.# 2/4 Linked Case : JOSHODA ALIAS YASHODA @ JAKHUDA DAS VERSUS THE NEW INDIA ASSURANCE COM LTD AND 2 ORS E ------------ Advocate for : B R DAS Advocate for : appearing for THE NEW INDIA ASSURANCE COM LTD AND 2 ORS E BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA