National Insurance Company Limited v. Smt Anima Rahang and 3 Ors

ORDER

09.03.2024 This is an appeal filed by the appellant-National Insurance Company Ltd. (for short Insurance Company) against the judgment and award dated

12.04.2018 passed by the Motor Accident Claims Tribunal, Morigaon (for short MACT, Morigaon) in MAC Case No. 49/2015 whereby an amount of Rs.9,10,000/- along with 6% interest, as compensation, was directed to be paid by the appellant-Insurance Company to the claimants-respondents. Ms. Mary Pegu, Regional Manager of the Insurance Company and the claimant nos. 1. Smti. Anima Rahang; 2. Shri Atul Rahang and 3. Shri Jitu Rahang along with their learned counsel, Shri M Talukdar are present today i.e.,

09.03.2024 in the National Lok Adalat. It is submitted that an amount of Rs. 4,55,000/- was deposited by the Page No.# 3/3 Insurance Company which has also been withdrawn by the claimants. The parties present before this Court jointly submit that the matter has been settled between the parties and a lump sum amount Rs.5,00,000/- 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.5,00,000/- being the full and final settlement before the Registry of this Court within a period of 45 days from today. The claimant nos. 2 and 3 have agreed that the amount be released in the name of the claimant no. 1. The claimant no. 1 would be at liberty to withdraw the aforesaid amount on being properly identified by her learned counsel. 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. Send back the LCR.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010210022018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./741/2022o NATIONALoINSURANCEoCOMPANYoLIMITEDo HAVINGoITSoREGD.oOFFICEoAToKOLKATTAoANDoONEoOFoTHEoREGIONALo OFFICEoAToGSoROAD,oGUWAHATI VERSUSo SMToANIMAoRAHANGoANDo3oORSo W/OoANANoRAHANGoRESIDENToOFoVILL.oCHAKANIBARIoPOoGANDHIo NAGAR,oPSoKHETRI,oDISToKAMRUPoMoASSAMo782403oPRESENToADDRESSo C/OoUPENoBARETHAIoVILLAGEoTIKHABARI,oPOoUDORIoPSoMORIGAON,o DISToMORIGAON,oASSAMo782105 2:SRIoATULoRAHANG oS/OoLATEoANANoRAHANG o RESIDENToOFoVILL.oCHAKANIBARIo POoGANDHIoNAGAR o PSoKHETRI oDISToKAMRUPoMoASSAMo782403o PRESENToADDRESSo C/OoUPENoBARETHAIo VILLAGEoTIKHABARI o POoUDORIo PSoMORIGAON oDISToMORIGAON oASSAMo782105 3:SRIoJITUoRAHANG oS/OoLATEoANANoRAHANG o Page No.# 2/3 RESIDENT OF VILL. CHAKANIBARI PO GANDHI NAGAR PS KHETRI DIST KAMRUP M ASSAM 782403 PRESENT ADDRESS C/O UPEN BARETHAI VILLAGE TIKHABARI PO UDORI PS MORIGAON DIST MORIGAON ASSAM 78210 Advocate for the Petitioner : MR S S SHARMA Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI