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2022 Supreme(Online)(GAU) 198
GAHC010001812018 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./373/2018 ORIENTAL INSURANCE COMPANY LTD (A CENTRAL GOVT.UNDERTAKING ) HAVING ITS REGIONAL OFFICE AT GUWAHATI ,ULUBARI, GUWAHATI -781007 REPRESENTED BY THE DEPUTY MANAGAR, GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI -781007 . VERSUS PUSPABALA MANDAL AND 5 ORS W/O LATE JATINDRA MANDAL , RESIDENTS OF VILL. MADHABPUR , P.O. NAKUCHI PATHAR , P.S. AND DIST. BARPETA ,ASSAM , PIN. 781352
2:SRI AJIT MANDAL S/O LATE JATINDRA MANDAL RESIDENTS OF VILL. MADHABPUR P.O. NAKUCHI PATHAR P.S. AND DIST. BARPETA ASSAM PIN. 781352
3:SRI SUJIT MANDAL S/O LATE JATINDRA MANDAL RESIDENTS OF VILL. MADHABPUR P.O. NAKUCHI PATHAR P.S. AND DIST. BARPETA ASSAM PIN. 781352
4:SIKHA MANDAL D/O LATE JATINDRA MANDAL OPPOSITE PARTIES NO. 2 TO 4 BEING MINORS ARE REPRESENTED BY THEIR MOTHER THAT IS OPPOSITE PARTY NO.1.
RESIDENT OF VILLAGE . MADHABPUR P.O. NAKUCHI PATHAR P.S. AND DIST. BARPETA ASSAM PIN 781313
5:HEMAN DAS S/O LATE KESHAB CH DAS R/O VILLAGE SIMLAGURI WARD NO. 10 P.O. SIMLAGURE P.S. AND DIST BARPETA ASSAM PIN 781313
6:BASANTA DAIMARY (DRIVER)
S/O LATE RUNU DAIMARY R/O VILLAGE DHEKIDAL P.S. SALANIBARI DIST. SONITPUR ASSAM PIN 78410 Advocate for the Petitioner : MS. R D MOZUMDAR Advocate for the Respondent : MR. A GONI (R5 & 6)
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 13.08.2022 The case is taken up in the National Lok Adalat.
Heard S. Bandopadhya, Regional Manager appears on behalf of the Oriental Insurance Company/Appellant. Mr. K. Sarma, the learned counsel appears on behalf of the Claimant and the Claimant Smti. Pushpabala Mandal appear in person before this Court.
The Motor Accident Claims Tribunal, Barpeta vide the judgment and award dated
30/8/2017 in MAC Case No.309/2015 had awarded an amount of Rs.15,63,500/- along with interest @ 7% per annum with effect from the date of filing of the claim petition till realisation of the same.
The Court at the time of admitting the instant appeal had directed the Insurance Co. to deposit 50% of the awarded amount and in consequence thereof the Insurance Company had already deposited Rs.7,80,750/-.
The parties have amicably settled the matter and have agreed that an amount of Rs.
16 lakhs alongwith interest @7% per annum shall be the full and final settlement in respect to the claim pertaining to MAC Case No.309/2015.
In view of the above, the Insurance Company shall deposit the remaining amount of Rs.8,18,250/- before the Motor Accident Claims Tribunal, Barpeta within 30 days from today.
The Claimant shall be at liberty to withdraw the said amount by filing appropriate application before the Tribunal below. Upon evidence of deposit of Rs.8,18,250/-, the statutory deposit of Rs. 25,000/- shall be refunded to the Insurance Company.
The Claimant shall also be entitled to such amount which is presently lying before the Registry and such fixed deposit in pursuance to the order passed by this Court, if already not taken by filing appropriate application before the Registry.
Return the LCR.
JUDGE Comparing Assistant
