National Insurance Company Ltd v. Basana Nandi and 3 Ors

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

21.08.2023 passed by the Learned Member, Motor Accident Claims Tribunal No.1, Kamrup (M) in MAC Case No. 873/2017.

¶2Shri P.D. Bhutia, Regional Manager along with Shri Debajit Sarka, Assistant Manager of the Insurance Company and the claimant no. 1 – Smti. Basana Nandi, claimant no. 2 – Smt. Naina Nandi and the claimant no. 3 – Shri Rabindra Nandi along with their learned counsel, Shri KK Dutta are present today i.e., 14.09.2024 in the National Lok Adalat.

¶3It is submitted that an amount of Rs.7,02,235/- was deposited by the Insurance Company.

¶4The parties present before this Court jointly submit that the matter has been settled between the parties and a lump sum amount of Rs.17,40,000/- has been agreed upon.

¶5In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the balance amount of Rs.10,37,765/- being Page No.# 3/3 the full and final settlement before the Registry of this Court within a period of 45 days from today.

¶6The parties have agreed that the aforesaid amount be released to the claimant no. 1 – Smti. Basana Nandi (mother of the deceased). The Registry is directed to release the same on being properly identified by her learned counsel.

¶7The 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. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010250622023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./420/2023o NATIONALoINSURANCEoCOMPANYoLTD.o HAVINGoITSoREGISTEREDoOFFICEoATo3,oMIDDLETONoSTREET,oKOLKATAo ANDoONEoOFoTHEoREGIONALoOFFICESoKNOWNoASoGUWAHATIoREGIONALo OFFICEoAToG.S.oROAD,oBHANGAGARH,oGUWAHATI-o5. VERSUSo BASANAoNANDIoANDo3oORS.o MOTHERoOFoLATEoSRIoSANTUoNANDI,o oGHARIALDUBI,oP.S.-oBOKAJAN,oKARBIoANGLONGoASSAM,oPIN-o782450. 2:NAINAoNANDI oSISTERoOFoLATEoSRIoSANTUoNANDI o GHARIALDUBI oP.S.-oBOKAJAN oKARBIoANGLONGoASSAM oPIN-o782450. 3:RABINDRAoNANDI oFATHERoOFoLATEoSRIoSANTUoNANDI o oGHARIALDUBI oP.S.-oBOKAJAN oKARBIoANGLONGoASSAM oPIN-o782450. 4:BISWAJIToPAUL oS/OoSRIoBIJOYoPAUL o oGHARIALDUBI oP.S.-oBOKAJAN Page No.# 2/3 KARBI ANGLONG ASSAM PIN- 782450 Advocate for the Petitioner : MR. K K BHATTA, MRS L SHARMA Advocate for the Respondent : DR. U BARUAH (R-1 TO 3), MR. K K DUTTA(R-1 TO 3),RANJU R S BARUAH(R-1 TO 3) BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI