United India Insurance Company Ltd v. Smt Runuma Kalita and 8 Ors

ORDER

14.09.2024 This is an appeal filed by the appellant-United India Insurance Company Ltd. (for short Insurance Company) against the judgment and award dated

25.09.2017 passed by the Learned Member, Motor Accident Claims Tribunal No. 3, Kamrup (M) in MAC Case No. 1333/2013.

¶2Shri A. Munin Choudhury, Regional Manager of the Insurance Company and the claimant no. 1 - Smt. Runuma Kalita (mother) and the claimant no. 2 – Shri Manohar Kalita (father) along with their learned counsel, Shri D. Mondal are present today i.e., 14.09.2024 in the National Lok Adalat.

¶3The compensation was divided amongst 2 Insurance Company and the present appeal is preferred by the United India Insurance Company Ltd.

¶4It is submitted that an amount of Rs.2,50,000/- was deposited by the Insurance Company which has not been withdrawn by the claimants.

¶5The parties present before this Court jointly submit that the matter has been settled between the parties and an additional amount of Rs.3,25,000/- has been agreed upon.

¶6In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the additional amount of Rs.3,25,000/- being the full and final settlement before the Registry of this Court within a period of 45 days from today.

¶7The claimant no. 1 – Smt. Runuma Kalita (mother) would be at liberty to withdraw the total amount of Rs.5,75,000/- on being properly identified by her learned counsel.

¶8The statutory deposit of Rs.25,000/- made by the Insurance Company at Page No.# 4/4 the time of filing of the appeal would be refunded to the Insurance Company within a period of 30 days.

¶9Send back the LCR. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010028072018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./297/2018o UNITEDoINDIAoINSURANCEoCOMPANYoLTDo (SUBSIDIARYoOFoGENERALoINSURANCEoCORPORATIONoOFoINDIA)o REGISTEREDoHEADoOFFICEoATo24oWHITESoROAD,oMADRAS-600014o REPRESENTEDoBYoTHEoDEPUTYoMANAGER,oGAUHATIoREGIONALoOFFICE, BHANGAGARH,oGUWAHATI-781005 VERSUSo SMToRUNUMAoKALITAoANDo8oORSo W/O.oMANOHARoKALITA 2:MANOHARoKALITA oF/O.oLATEoBASANTAoKALITA 3:MALABIKAoKALITA oD/O.oMANOHARoKALITA 4:SANGITAoKALITA oD/O.oMANOHARoKALITA.oALLoAREoRESIDENToOFoHOUSEoNO.o88 oPATARKUCHI oNEARoDURGAoMANDIR oBASISTHAoCHARIALI oP.O.oANDoP.S.oBASISTHA oDISTRICT-oKAMRUP(M) oASSAM oPIN-781029 5:MD.oBUBULoALIo@oBABALoALI oS/O.oMD.oA.oALI oR/O.oVILL.-oTUHURA oBAIHATAoCHARIALI oP.S.oBAIHATAoCHARIALI Page No.# 2/4 DISTRICT- KAMRUP(R) ASSAM. PIN-781381 6:JAYNAL ALI @ JAINAL ALI S/O. YAKUB ALI @ EYAKUB ALI R/O. VILL.- PIYALIKHATA P.O. BAIHATA CHARIALI P.S. KAMALPUR DIST. KAMRUP(R) ASSAM. PIN-781381 7:BHANWARLAL DHAYAL S/O. LATE G.R. DHAYAL R/O. F.A. ROAD MACHKNOWA GUWAHATI DIST. KAMRUP ASSAM PIN-781009 8:BIJAY SINGH S/O. NILA SINGH C/O. BHANWARLAL DHAYAL R/O. F.A. ROAD MACHKHOWA GUWAHATI DISTRICT- KAMRUP ASSAM PIN-781009 9:THE BRANCH MANAGER M/S HDFC ERGO GENERAL INSURANCE CO. LTD. BHANGAGARH GUWAHATI ASSAM PIN-78100 Advocate for the Petitioner : MS. R D MOZUMDAR, MS. C MOZUMDAR,MR. S P SHARMA Advocate for the Respondent : MR D MONDAL (r-1 to 4), BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI Page No.# 3/4