The National Insurance Company Ltd v. Kalima Shekh and 4 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

17.08.2023 passed by the Motor Accident Claims Tribunal No. 3, Kamrup (M), Guwahati in MAC Case No. 2895/2016 whereby an amount of Rs.12,81,142/- 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 no. 1. Ms. Kalima Shekh; 2. Md. Halim Shekh; 3. Md. Azid Ahmed and

¶4Md. Javed Ahmed along with their counsel, Shri D Mondal 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 a lump sum amount of Rs.11,90,571/-. It is submitted that an amount of Rs. 6,40,571/- was deposited by the Insurance Company which is yet to be withdrawn by the claimants. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the balance amount of Rs.5,50,000/- being the full and final settlement before the Registry of this Court within a period of 45 days from today. At this stage, the claimant nos. 2, 3, and 4, who are the sons of the claimant no. 1 have submitted that the aforesaid amount be released in the name of their mother-claimant no.1. Page No.# 4/4 Accordingly, the claimant no. 1 would be at liberty to withdraw the aforesaid amount on being properly identified by her learned counsel. Further, in terms of the earlier direction, the claimant no. 1-Kalima Shekh shall open a FD of Rs. 5,00,000/- in her name in any nationalized bank for a period of 5 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 LCR, if any.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010259842023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./451/2023o THEoNATIONALoINSURANCEoCOMPANYoLTDo HAVINGoITSoREGISTEREDoHEADoOFFICEoATo3,oMIDDLETONoSTREET,o CALCUTTA-o700071oANDoREGIONALoOFFICEoAToBHANGAGARH,o GUWAHATI,oREPRESENTEDoBYoREGIONALoMANAGER,oGUWAHATIo REGIONALoOFFICE,oBHANGAGARH,oGUWAHATI-o781005,oDIST.-oKAMRUPo (METRO),oASSAM. VERSUSo KALIMAoSHEKHoANDo4oORS.o W/OoLATEoHAKIMoSHEKH,o VILL.-oHIJUGURI,oMAHADEVoROAD,o P.O.oANDoP.S.-oTINSUKIA,o DIST.-oTINSUKIA,oASSAM,oPIN-o781328. 2:MD.oHALIMoSHEKH oS/OoLATEoHALIMoSHEKH o VILL.-oHIJUGURI oMAHADEVoROAD o P.O.oANDoP.S.-oTINSUKIA o DIST.-oTINSUKIA oASSAM oPIN-o781328. 3:MD.oAZIDoAHMED oS/OoLATEoHAKIMoSHEKH o VILL.-oHIJUGURI oMAHADEVoROAD Page No.# 2/4 P.O. AND P.S.- TINSUKIA DIST.- TINSUKIA ASSAM PIN- 781328. 4:MD. JAVED AHMED S/O LATE HAKIM SHEKH VILL.- HIJUGURI MAHADEV ROAD P.O. AND P.S.- TINSUKIA DIST.- TINSUKIA ASSAM PIN- 781328. 5:DULAL BURAGOHAIN S/O SRI BHOGESWAR BURAGOHAIN VILL.- CHEKURIA GAON BIRENASAYEK P.S.- JORHAT DIST.- JORHAT ASSAM. 6:MD. NABUL AHMED S/O MD. RAFIK AHMED VILL.- JALAN NAGAR P.S.- DIBRUGARH DIST.- DIBRUGARH ASSAM Advocate for the Petitioner : MRS. D DAS BARMAN Advocate for the Respondent : MR D MONDAL Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI