National Insurance Company Ltd v. Bhadrabati Gogoi and 4 Ors

ORDER

09.03.2024 This is an appeal filed by the appellant-National Insurance Co. Ltd. (for short Insurance Company) against the judgment and award dated 05.08.2023 passed by the learned Member, MACT No.1, Kamrup in MAC Case No.111/2016 whereby an amount of Rs.28,65,288/- along with interest @ 6%, as compensation, was directed to be paid by the appellant-Insurance Company to the claimants-respondents.

¶2Ms. Mary Pegu, Regional Manager of the National Insurance Company Ltd. and the claimants-Bhadrabati Gogoi along with his counsel, Shri D. Mondal are present today i.e., 09.03.2024 in the National Lok Adalat.

¶3It has been informed that there were three claimants, the claimant No. 3 – Ranjit Gogoi has passed away and he has two children, namely, Prasujya Gogoi

(son), who is aged about 20 years and Hirupriya Gogoi (daughter), who is aged Page No.# 3/4 about 7 years.

¶4Shri Mondal, learned counsel assisting the claimants – respondents has also informed that the surviving son – Shri Ranjit Gogoi is living separately and is not supporting the claimant No. 1 – mother and also does not have any objection in the manner of distribution of award.

¶5The parties present before this Court jointly submit that the matter has been settled outside the Court and a total amount of Rs.34,00,000/- (Rupees thirty four lakh) inclusive of interest component, as full and final settlement has been agreed upon.

¶6In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the total amount of Rs.34,00,000/- (Rupees thirty four lakh) the interest component, which has been worked out as Rs.5,34,712/- (Rupees five lakh, thirty four thousand and seven hundred twelve) being the full and final settlement before the Registry of this Court within a period of 45 days from today. The aforesaid interest component would however be subjected to necessary TDS.

¶7The claimants would be at liberty to withdraw the aforesaid amount of Rs.34,00,000/- (Rupees thirty four lakh) (after deduction of TDS) on being properly identified by their learned counsel. The manner of release of the aforesaid amount would be in the following terms:

i. Rs.4,00,000/- is directed to be released in the name of surviving son, Shri Ramesh Gogoi (son). ii. Rs.3,00,000/- is directed to be deposited in a Fixed Deposit scheme in the name of Prasujya Gogoi (son) in any nationalized bank Page No.# 4/4 for a period of 3 years. iii. Rs.3,00,000/- is directed to be deposited in a Fixed Deposit scheme in the name of Hirupriya Gogoi (daughter) in any nationalized bank for a period of 3 years. iv. Balance amount be released in favour of the claimant no. 1 – Smti Bhadrabati Gogoi (wife).

¶8The statutory deposit of Rs.25,000/- made by the Insurance Company at the time of filing of the appeal would be refunded by the Registry of this Court to the Insurance Company within the said period of 30 days.

¶9The MAC appeal is accordingly disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010246762023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./426/2023o NATIONALoINSURANCEoCOMPANYoLTD.o HAVINGoITSoREGISTEREDoOFFICEoATo3,oMIDDLETONoSTREET,oKOLKATAo ANDoONEoOFoTHEoREGIONALoOFFICESoKNOWNoASoGUWAHATIoREGIONALo OFFICEoAToGSoROAD,BHANGAGARH,oGUWAHATIo05 VERSUSo BHADRABATIoGOGOIoANDo4oORS.o W/OoLATEoBOLINoCHANDRAoGOGOI,o NIZoCHABUAoNATUNoGAON,oPSoCHABUA,oDIBRUGARH,oASSAM,o786184 2:SRIoRAMESHoGOGOI oS/OoLATEoBOLINoCHANDRAoGOGOI o NIZoCHABUAoNATUNoGAON oPSoCHABUA oDIBRUGARH oASSAM o786184 3:SRIoRANJIToGOGOI oS/OoLATEoBOLINoCHANDRAoGOGOI o NIZoCHABUAoNATUNoGAON oPSoCHABUA oDIBRUGARH oASSAM o786184 4:SRIoAJIToPHUKAN oS/OoLATEoDURGADHARoPHUKANo RAJABARIoGAON Page No.# 2/4 PHULUNGA GAON PS CHABUA DIST DIBRUGARH ASSAM 78614 5:SRI DONG STAIN PHUKAN S/O SRI AJIT PHUKAN RAJABARI GAON PHULUNGA GAON PS CHABUA DIST DIBRUGARH ASSAM 786184 ASSA Advocate for the Petitioner : MR. K K BHATTA Advocate for the Respondent : MS. P BARUAH (r-4,5) BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI