The National Insurance Company Limited v. Shri Dharmeswar Das and 2 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 27.03.2019 passed by the learned Member, Motor Accident Claims Tribunal, Barpeta (for short MACT, Barpeta) in MAC Case No. 165/2017 whereby an amount of Rs. 8,44,650/- was directed to be paid by the Insurance Company to the claimant. It has been informed to this Court that the claim petition has been instituted on behalf of the wife of the claimant who is said to be permanently disabled. Shri PD Bhutia, Regional Manager; Shri Debajit Sarkar, Assistant Manager of the Insurance Company and the claimant-Shri Dharmeswar Das along with his learned counsel, Shri M Rahman 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 a lump sum amount of Rs.7,60,000/- 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 amount of Rs.7,60,000/- 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 his learned counsel.

The statutory deposit of Rs.25,000/- made by the Insurance Company at the Page No.# 3/3 time of filing of the appeal would be refunded to the Insurance Company within a period of 30 days. Send back the LCR.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010290752019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./528/2022o THEoNATIONALoINSURANCEoCOMPANYoLIMITEDo REGISTEREDoHEADoOFFICEoATo3,oMIDDLETONoSTREET,oCALCUTTA- 700071,oREPRESENTEDoBYoTHEoMANAGER,oGAUHATIoREGIONALoOFFICE,o BHANGAGARH,oGUWAHATI-781005,oKAMRUP(M),oASSAM VERSUSo SHRIoDHARMESWARoDASoANDo2oORSo S/OoLATEoMANMOHANoDAS,oRESIDENToOFoVILLAGEoBISHNUPUR,oP.O.o ANDoP.S.BARPETA,oDISTRICToBARPETA,oASSAM,oPINo781301o(FORoANDoONo BEHALFoOFoHISoWIFEoNAMITAoDAS) 2:SMTI.oSANGAMITRAoOJAH oW/OoSRIoARNABJANoDAS oRESIDENToOFoBONDA oGUWAHATI oP.O.oBONDA oP.S.oNOONMATI oDISTRICToKAMRUP oASSAM oPINo781026o(OWNER) 3:SRIoARNABJANoDAS oS/OoSRIoBINAYoDAS oRESIDENToOFoVILLAGEoPASCHIMoPALANGDIHATI oP.O.oANDoP.S.oBARPETA oDISTRICToBARPETA oASSAM oPINo781301o(DRIVERo AdvocateoforotheoPetitionerooooo:oMS.oRoDoMOZUMDAR,oMS.oCoMOZUMDAR,MR.oSoPoSHARMAo Page No.# 2/3 Advocate for the Respondent : MR. M RAHMAN, MR. D GOGOI (R-2,3) BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI