Oriental Insurance Company Ltd v. Minu Gogoi Dutta and 4 Ors

ORDER Date : 14.12.2024

Heard Mr. Rubul Pathak, Deputy Manager, Oriental Insurance Company Page No.# 3/4 Ltd., the appellant.

¶2The respondent no.1, namely, Smt. Minu Gogoi has appeared along with her learned counsel.

¶3It is submitted that the respondent nos.2 and 3 were minors at the time when the claim was filed and awarded and when the appeal was filed. However, by now, the respondent nos.2 and 3 has become major.

¶4After negotiated settlement, the parties have agreed for a total settlement amount of Rs.33,00,000/- (Rupees thirty three lakh only) as full and final settlement of all the claims of the respondents against the order and award dated 15.03.2023, passed by the learned Member, MACT, Golaghat in MAC Case No.131/2019.

¶5Accordingly, the matter is settled on compromise in terms of the pre-settlement/compromise slip for the National Lok Adalat, which is made as a part of record.

¶6Both the parties shall put their signature in the pre-settlement/compromise slip as token of acceptance for the settlement.

¶7Accordingly, the Oriental Insurance Company Ltd. shall deposit the settlement amount of Rs.33,00,000/- (Rupees thirty three lakh only) in favour of the respondent nos.1 to 3 in equal proportions before the Registry of this Court within a period of 30 (thirty) days from the date of the this settlement order, failing which the amount shall carry interest @ 9% per annum till the date of deposit.

¶8Out of the settlement amount, 30% of the same be kept in fixed deposit account for 3 (three) years in favour of the respondent nos.1 to 3 each and the balance amount shall be released to the respondent nos.1 to 3 on Page No.# 4/4 satisfaction of their age proof and identity.

¶9On furnishing proof of the deposit of the entire settlement amount, the Registry shall release the statutory deposit made by the appellant.

¶10The matter is disposed of in this Lok Adalat. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010056422024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1017/2024o ORIENTALoINSURANCEoCOMPANYoLTDo AoCENTRALoGOVT.oUNDERTAKINGoHAVINGoITSoREGIONALoOFFICEoATo GUWAHATI.o781007oREPRESENTEDoBYoTHEoDEPUTYoMANAGER,oGAUHATIo REGIONALoOFFICE,oULUBARI,oGUWAHATIo781007 VERSUSo MINUoGOGOIoDUTTAoANDo4oORS.o W/OoLATEoAMULYAoDUTTA,o RESIDENToOFoDHOLAoGAON,oPOoDOIGRUNG,oPSoANDoDISToGOLAGHAT,o ASSAMo78572 2:MISSoRIMJIMoDUTTA oD/OoLATEoAMULYAoDUTTA o RESIDENToOFoDHOLAoGAON oPOoDOIGRUNG oPSoANDoDISToGOLAGHAT oASSAMo78572o TOoBEoREP.oBYoRES.oNO.1 3:MISSoSIMIRANIoDUTTA oD/OoLATEoAMULYAoDUTTA o RESIDENToOFoDHOLAoGAON oPOoDOIGRUNG oPSoANDoDISToGOLAGHAT oASSAMo78572o TOoBEoREP.oBYoRES.oNO.1 4:SRIoDIPAKoGOWALA oS/OoLATEoTARUNoGOWALA Page No.# 2/4 RESIDENT OF SUNDARPUR PATHAR PO LETEKUJAN PS BOGIJAN DIST GOLAGHAT ASSAM 785613 5:SRI MANUJ SAIKIA S/O BHUPEN SAIKIA RESIDENT OF CHOUDANG PATHAR GAON PO CHOWDANGPATHAR PS MERAPANI DIST GOLAGHAT ASSAM 78570 Advocate for the Petitioner : MS. R D MOZUMDAR, MS. C MOZUMDAR,MR. S P SHARMA Advocate for the Respondent : MR B DEORI (R1-R3), Linked Case : ORIENTAL INSURANCE COMPANY LTD VERSUS MINU GOGOI DUTTA AND 4 ORS. H ------------ Advocate for : MS. R D MOZUMDAR Advocate for : appearing for MINU GOGOI DUTTA AND 4 ORS. H BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA