National Insurance Co. Ltd v. Hrisikesh Das

ORDER

14.09.2024 This is an appeal filed by the appellant-National Insurance Company Ltd. (for short Insurance Company) against the judgment and award dated 18.03.2014 passed by the learned Member, Motor Accident Claims Tribunal, Kamrup, Guwahati (for short MACT, Guwahati) in MAC Case No.25/2011 whereby an amount of Rs. 27,80,000/- was directed to be paid by the Insurance Company to the claimant. Shri PD Bhutia, Regional Manager; Shri Debajit Sarkar, Assistant Manager of the Insurance Company and the claimants-Shri Hrishikesh Das and Ms. Sarala Das along with their learned counsel, Shri KK Dutta are present today i.e., 14.09.2024 in the National Lok Adalat. The parties present before this Court jointly submit that the matter has been settled between the parties and an additional amount of Rs.6,50,000/- inclusive interest 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 additional amount of Rs.6,50,000/- being the full and final settlement before the Registry of this Court within a period of 45 days from today. The claimants would be at liberty to withdraw the aforesaid amount on being properly identified by their learned counsel. The manner of release of the aforesaid amount would be in the following terms:

i) Out of the aforesaid amount of Rs. 6,50,000/-, Rs.3,00,000/- is directed to be released in favour of the claimant no. 3-Smti. Sarala Das and

ii) Rs. 3,50,000/- is directed to be deposited in Fixed Deposit scheme in Page No.# 3/3 the name of claimant no. 2-Shri Hrisikesh Das (minor) in any nationalized bank for a period of 3 years.

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 LCRs.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010233792017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./125/2017o NATIONALoINSURANCEoCO.oLTDo HAVINGoITSoREGISTEREDoOFFICEoAToMIDDLETONoSTREET,oKOLKATAoAND ONEoOFoTHEoREGIONALoOFFICESoKONWNoASoGUWAHATIoREGIONALo OFFICE,oG.S.oROAD,oBHANGAGARH,oGUWAHATIo781005,oKAMRUPoASSAM VERSUSo HRISIKESHoDASo S/OoLATEoHIMANGSHUoDAS 3:SMT.oSARALAoDAS oS/OoLATEoJOGENoDAS oRESPONDENToNO.o1-3oAREoR/OoVILL.oSOALKUCHI oP.S.oSOALKUCHI oDIST.oKAMRUP oASSAM. 4:JAHANoSINGH oS/OoSRIoAMARoSINGH oR/OoVILL.oP.O.oKURAWA oP.S.oKKURAWA oDIST.oMAINPUR oUTTARoPRADESHo AdvocateoforotheoPetitionerooooo:oMS.PoHUJURI,oMRoAoSAIKIA,MS.AoBORA,MR.RoKoBHATRAo AdvocateoforotheoRespondento:oDR.UoBARUA,oMR.AoDEKA,MR.SKoSoNoMOHAMMAD,MR.Do SAIKIA,MR.RoBORAH,MR.oKoKoDUTTAoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI