Smti. Malabika Sarma Gogoi and 2 Ors v. M/S United India Insurance Co. Ltd and Anr

ORDER Date : 11.05.2024 Both these cases are put up before the National Lok Adalat today. The appellant in MAC Appeal No. 594/2019, Smt. Malabika Sarma Gogoi is present before the Court today. The Insurance Company is represented by Mr. A. Munin Chowdhury, Regional Manager, United India Insurance Company Limited. In the other MAC Appeal i.e., MAC Appeal No. 752/2022 which has been filed by the Insurance Company against the Judgment dated 10.06.2019 passed in MAC Case No. 1191/2016 by the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup(M) both are same, namely, United India Insurance Company Limited and Malabika Sarma Gogoi. Smt. Malabika Sarma Gogoi is the claimant No. 1, Claimant No. 2, namely, Miss Parmita Sarma, who is the daughter of the deceased and who has attained the age of majority is also present in the Court today. Sri Tanmoy Sarma, who is the minor son of the deceased is represented by his mother. By the impugned judgment, the Insurance Company was directed to pay an amount of Rs.14,58,962/- (Rupees Fourteen Lakh Fifty Eight Thousand Nine Hundred Sixty Two) to the claimant. Now, the matter has been amicably settled between the parties at an amount of Rs.19,00,000/- (Rupees Nineteen Lakhs). In view of the amicable settlement reached between the parties, this case is disposed of with a direction that the Insurance Company shall deposite the Page No.# 4/4 settled amount of Rs.19,00,000/- (Rupees Nineteen Lakhs) to the Registry of this Court within a period of 45 days from the date of this order and on such deposit, the Registry shall disburse the said amount. Keeping out of the disbursed amount as directed by the impugned order, an amount of Rs.3,00,000/- (Rupees Three Lakh) would be kept in Nationalised Bank as fixed deposit in the name of the claimant No. 3, who is still a minor, namely, Sri Tanmoy Sarma. As regards the other two claimants, as the claimant No. 2 has already attained her majority and claimant No. 1 is major, the fixed deposit did not to be open and the amount may be disbursed to the claimants by the Registry on verification of claimant Nos. 1 and 2 and verification of their bank details. This case is accordingly disposed of. The statutory deposit made by the appellant in MAC Appeal No. 752/2022 shall be returned back to the Insurance Company.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010215992019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./594/2019o SMTI.oMALABIKAoSARMAoGOGOIoANDo2oORSo W/O.oLT.oPRANAYoSARMA,oR/O.oWARDoNO.4,oKORTIMARI,oP.S.o GOSSAINGAON,oDIST.oKOKRAJHAR,oASSAM. 2:oPARMITAoSARMA oD/O.oLT.oPRANAYoSARMA oR/O.oWARDoNO.4 oKORTIMARI oP.S.oGOSSAINGAON oDIST.oKOKRAJHAR oASSAM.oBEINGoMINORoREP.oBYoHERoMOTHERoAPPELLANToNO.1. 3:oTANMOYoSARMA oS/O.oLT.oPRANAYoSARMA oR/O.oWARDoNO.4 oKORTIMARI oP.S.oGOSSAINGAON oDIST.oKOKRAJHAR oASSAM.oBEINGoMINORoREP.oBYoHERoMOTHERoAPPELLANToNO.1o VERSUSo M/SoUNITEDoINDIAoINSURANCEoCO.oLTDoANDoANRo REGIONALoOFFICE,oG.S.oROADoBHANGAGAR,oGUWAHATIoDIST.oKAMRUPo (M),oASSAM,oPIN-781005. 2:BINANDAoRANGPI oS/O.oLT.oCHANDRAoRONGPI oR/O.oKAMARoTISSOoGAON oP.S.oHOWRAGHAT oP.O.oHORAGHAT oDIST.oKARBIoANGLONG oASSAM oPIN-782481o Page No.# 2/4 Advocate for the Petitioner : MS. P BHATTACHARYA Advocate for the Respondent : MRS. P M DUTTA Linked Case : MACApp./752/2022 THE UNITED INDIA INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD CHENNAI- 600014 AND REGIONAL OFFICE AT CHIBBER HOUSE G.S. ROAD KAMRUP-5 REP. BY ITS REGIONAL MANAGER REGIONAL OFFICE KAMRUP. (INSURER OF THE VEHICLE NO. AS-09B-5828 (MOTOR CYCLE). VERSUS SMTI. MALABIKA SARMA GOGOI @ GOGOI SARMA AND 3 ORS W/O- LATE PRANAY SARMA 2:MISS PARMITA SARMA D/O- LATE PRANAY SARMA (RESPONDENT NO. 2 BEING MINOR BEING REP. BY HER MOTHER I.E. RESPONDENT NO. 1.) 3:SRI TANMOY SARMA S/O- LATE PRANAY SARMA (RESPONDENT NO. 3 BEING MINOR BEING REP. BY HER MOTHER I.E. RESPONDENT NO. 1.) ALL ARE RESIDENT OF WARD NO. 4 KORTIMARI P.S. GOSSAIGAON KOKRAJHAR ASSAM. 4:SRI BINANDA RONGPI S/O- LATE CHANDRA RONGPI R/O- KAMAR TISSO GAON P.S. HOWRAGHAT KARBI ANGLONG. (OWNER AND DRIVER OF VEHICLE NO. AS-09B-5828 (MOTOR CYCLE). ------------ Advocate for : MR. A DUTTA Advocate for : appearing for SMTI. MALABIKA SARMA GOGOI @ GOGOI SARMA AND 3 ORS Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA