National Insurance Company Limited v. Rita Bala Brahma Adn 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

13.07.2023 passed by the Motor Accident Claims Tribunal No. 2, Kamrup (M), Guwahati in MAC Case No. 531/2022 whereby an amount of Rs.93,31,655/- along with 9% interest per annum, as compensation, was directed to be paid by the appellant-Insurance Company to the claimant-respondent. Ms. Mary Pegu, Regional Manager of the Insurance Company and the claimant-Ms. Rita Bala Brahma along with her counsel, Shri S Singh are present today i.e., 09.03.2024 in the National Lok Adalat. The parties present before this Court jointly submit that the matter has been settled between the parties at an agreed amount of Rs.80,00,000/-. It is submitted that an amount of Rs. 40,00,000/- was deposited by the Insurance Company which has also been withdrawn by the claimant. Page No.# 3/3 Shri Singh, learned counsel assisting the claimant no. 1 has informed this Court that FDR of Rs. 10,00,000/- has been created. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the balance amount of Rs.40,00,000/- being the full and final settlement before the Registry of this Court within a period of 45 days from today. The claimant 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, if any.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010234262023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./398/2023o NATIONALoINSURANCEoCOMPANYoLIMITEDo HAVINGoITSoREGISTEREDoOFFICEoANDoHEADoOFFICEoATo3,oMIDDLETONo STREET,oKOLKATAoANDoITSoREGIONALoOFFICEoAToBHANGAGARH,oG.S.o ROAD,oGUWAHATI-o781005oREPRESENTEDoBYoTHEoCHIEFoREGIONALo MANAGER,oGUWAHATIoREGIONALoOFFICE. VERSUSo RITAoBALAoBRAHMAoADNo3oORS.o D/OoLATEoRABINDRAoBRAHMA,o VILL.-oPOLASHGURI,oP.O.-oDULIGAON,oP.S.-oBAGARIBARI,oDIST.-o KOKRAJHAR,oASSAM,oPIN-o783373.o REP.oBYoRESPONDENToNO.o2. 2:BIRULAo@oRIRALAoBRAHMA oW/OoLATEoRABINDRAoBRAHMA o VILL.-oPOLASHGURI oP.O.-oDULIGAON oP.S.-oBAGARIBARI oDIST.-oKOKRAJHAR oASSAM oPIN-o783373. 3:MONOWERoHOSEN oS/OoSAMSUDDINoSK o VILL.-oSOULMARIoPToI oP.O.-oBARKANDA oP.S.-oBILASIPARA oDIST.-oDHUBRI oASSAM Page No.# 2/3 PIN- 783348. 4:RABI BARMAN S/O TOLENDRA BARMAN VILL.- 137 RAJAPARA PT II P.S.- BAGRIBARI KOKRAJHAR BTAD ASSAM PIN- 783349 Advocate for the Petitioner : MR T KALITA Advocate for the Respondent : MR. A BHATTACHARYYA (r-1) BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI