United India Insurance Company Ltd v. Smti Hirumani Lahkar Kalita and 3 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

08.09.2017 passed by the Learned Member, Motor Accident Claims Tribunal, Barpeta in MAC Case No. 384/2016.

¶2Shri A. Munin Choudhury, Regional Manager of the Insurance Company and the claimant no. 1 - Smt. Hirumani Lahkar Kalita and the claimant no. 2 – Makoni Prabha Kalita along with their learned counsel, Shri H.B. Das are present today i.e., 14.09.2024 in the National Lok Adalat.

¶3It has been clarified that in the Award, the name of the claimant no. 2 has been erroneously written as Manika Prabha Kalita instead of Makoni Prabha Kalita.

¶4It is submitted that an amount of Rs.10,64,000/- was deposited by the Insurance Company which has also been withdrawn by the claimants.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.9,00,000/- (Rupees nine lacs) 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.9,00,000/- Page No.# 3/3 (Rupees nine lacs) being the full and final settlement before the Motor Accident Claims Tribunal, Barpeta within a period of 45 days from today.

¶7The manner of release of the aforesaid amount would be in the following terms:

i) Out of the aforesaid awarded amount of Rs.9,00,000/-, Rs.4,00,000/-, is directed to be released to the claimant no. 1 – Smti. Hirumani Lahkar Kalita (wife) and Rs.2,00,000/- is directed to be released to the claimant no. 2 – Smti. Makoni Prabha Kalita (mother) and remaining amount of Rs.3,00,000/- is directed to be deposited in a Fixed Deposit scheme in the names of claimant no. 4-Miss Mrigakshi Kashyap (minor daughter) in any nationalized bank for a period of 3 years.

¶8It is informed that the claimant no. 3 – Shri Tarun Ch. Kalita (father) has passed away, in the meantime.

¶9The claimant nos. 1 and 2 would be at liberty to withdraw the aforesaid amount on being properly identified by their learned counsel.

¶10The 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.

¶11Send back the LCR. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010063182018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./323/2018o UNITEDoINDIAoINSURANCEoCOMPANYoLTDo HAVINGoITSoREGISTEREDoOFFICEoANDoHEADoOFFICEoATo24oWHITESo ROAD,oCHENNAIoANDoITSoREGIONALoOFFICEoAToG.S.oROAD,oDISPUR,o GUWAHATI. VERSUSo SMTIoHIRUMANIoLAHKARoKALITAoANDo3oORSo W/OoLATEoBHASKARJYOTIoKALITA,oR/OoVILL.oRAYPUR,oP.S.o PATACHARKUCHI,oDIST.oBARPETAo(ASSAM),oPINo781326 2:SMTIoMANIKAoPRABHAoKALITA oW/OoSRIoTARUNoCH.KALITA oR/OoVILL.oRAYPUR oP.S.oPATACHARKUCHI oDIST.oBARPETAo(ASSAM) oPINo781326 3:SRIoTARUNoCH.oKALITA oS/OoLATEoDEBIRAMoKALITA oR/OoVILL.oRAYPUR oP.S.oPATACHARKUCHI oDIST.oBARPETAo(ASSAM) oPINo781326 4:MISSoMRIGAKSHIoKASHYAP oD/OoLATEoBHASKARJYOTIoKALITA oR/OoVILL.oRAYPUR oP.S.oPATACHARKUCHI oDIST.oBARPETAo(ASSAM) oPINo781326o(RESPONDENToNO.o4oBEINGoMINORoISoREPRESENTEDoBYo LEGALoGUARDIANoI.E.oRESPONDENToNO.o1o(MOTHER)o Page No.# 2/3 Advocate for the Petitioner : MR. R GOSWAMI, MS. M SAIKIA,MS. P BORTHAKUR Advocate for the Respondent : MR. B K JAIN (R 1 - 4), MS. O PHUKAN (R - 4) BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI