United India Insurance Company Limited v. Mahina Begum and 9 Ors

ORDER

14.12.2024 (K.R. Surana, J)

Mr. Moakumzuk, Manager of United India Insurance Co. Ltd. along with Mr. T. Kalita, learned counsel of Insurance is present. Also present respondent nos. 1) Mahina Begum 2) Mohibul Islam 3) Mizanur Rahman 4) Tabia Khatun and 5) Tofiqul Rahman are present. Page No.# 3/4

¶2It is submitted that after the award was passed by the learned Tribunal, Armina Begum, daughter of late Ali Hussain has expired on 21.07.2024 and accordingly, her death certificate is submitted which is made a part of the record.

¶3It is submitted that the learned Member, Motor Accident Claims Tribunal No.3, Kamrup(M), in MAC Case No.1898/2024 had taken note of the fact that the respondent no.7, namely, Aklima Khatoon, her third wife of late Mr. Ali Hussain has allegedly eloped and whereabouts are not known. And accordingly, no award was passed in favour of respondent no.7. However, a share was provided for Aktar Hussain, her son with late Mr. Ali Hussain, who is the respondent no.8. It is also submitted that respondent no.8 i.e. Aktar Hussain is a minor aged about 13 (thirteen) years now.

¶4Both sides have agreed that the total claims of the respondent nos.1, to 5 and 8, who represent respondent nos.6 and 7 is settled at Rs.22,30,000/- (Rupees twenty two lakh thirty thousand only) as full and final settlement of all the claims.

¶5Accordingly, 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.

¶6Both the parties shall put their signature in the pre-settlement compromise slip as token of acceptance for the settlement.

¶7Accordingly, the appellant i.e. United India Insurance Co. Ltd. shall deposit the said settlement amount of Rs.22,30,000/- (Rupees twenty two lakh thirty thousand only) in favour of the respondents/claimants before the Registry of Page No.# 4/4 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.

¶8On such deposit being made, the Registry of the Court shall convert a sum of Rs.5,00,000/- (Rupees five lakh only) in a fixed deposit account of any Nationalized Bank for 3 (three) years in favour of Akhtar Hussain, respondent no.8 till he attains majority, with the name of respondent no.1 listed as his guardian. The balance amount of Rs.17,30,000/- (Rupees seventeen lakh thirty thousand only) shall be divide equally between respondent nos.1 to 5 on satisfaction of their identities.

9.On furnishing proof of the deposit of the entire settlement amount, the Registry shall release the statutory deposit made by the appellant.

¶10The matter is disposed of in this Lok Adalat.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010217922024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./553/2024o UNITEDoINDIAoINSURANCEoCOMPANYoLIMITEDo HAVINGoITSoREGISTEREDoOFFICEoANDoHEADoOFFICEoATo24,oWHITESo ROAD,oCHENNAI-600014oANDoITSoREGIONALoOFFICEoAToCHIBBARoHOUSE,o 1SToFLOOR,oG.S.oROAD,oNEARoDISPURoPOSToOFFICE,oGUWAHATI,o KAMRUP(M),oPIN-781005oREPRESENTEDoBYoTHEoREGIONALoMANAGER,o GUWAHATIoREGIONALoOFFICE. VERSUSo MAHINAoBEGUMoANDo9oORS.o 1SToWIFEoOFoLATEoALIoHUSSAIN. 2:MOHIBULoISLAM oS/O.oOFoLATEoALIoHUSSAIN. 3:MIZANURoRAHMAN o1SToWIFEoOFoLATEoALIoHUSSAIN. 4:TABIAoKHATUN o2NDoWIFEoOFoLATEoALIoHUSSAIN. 5:TOFIQULoRAHMAN oS/O.oOFoLATEoALIoHUSSAIN. 6:ARMINAoBEGUM oD/O.oOFoLATEoALIoHUSSAIN. 7:AKLIMAoKHATOON o3RDoWIFEoOFoLATEoALIoHUSSAIN. 8:AKTARoHUSSAIN oS/O.oOFoLATEoALIoHUSSAIN.o Page No.# 2/4 ALL ARE RESIDENT OF- SHUKLARATARI P/S. BILASHIPARA PIN-783348 ASSAM. 9:UMED CHAND DHARIWAL S/O. LATE PUNAM CHAND DHARIWAL R/O. WARD NO. 11 NEAR IDDGAR FIELD P/S. DHUBRI DIST.- DHUBRI ASSAM PIN-783323 10:AZAHAR ALI S/O. SHAHJAHAN ALI R/O. NOWGHAT P/S. DHUBRI DIST.- DHUBRI ASSAM PIN-783323 Advocate for the Petitioner : MR T KALITA, Advocate for the Respondent : MR. A BHATTACHARYYA (R-1,2,3,4,5), MR. S SINGH(R- 1,2,3,4,5) BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA