United India Insurance Co Ltd v. Jadav Deka 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

29.03.2023 passed by the Learned Member, Motor Accident Claims Tribunal No.2, Kamrup (M) in MAC Case No. 1316/2016.

¶2Shri A. Munin Choudhury, Regional Manager of the Insurance Company and the claimant no. 1 – Jadav Deka, claimant no. 2 – Shri Binod Deka and claimant no. 3 – Shri Diki Deka along with their learned counsel, Shri AN Iqbal are present today i.e., 14.09.2024 in the National Lok Adalat.

¶3The parties present before this Court jointly submit that the matter has been settled between the parties and a lump sum amount of Rs.8,00,000/- has been agreed upon. Page No.# 3/3

¶4In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the additional amount of Rs.8,00,000/- being the full and final settlement before the Motor Accident Claims Tribunal No. 2, Kamrup (M) within a period of 45 days from today.

¶5The manner of release of the aforesaid amount would be in the following terms:

i) Out of the aforesaid awarded amount of Rs.8,00,000/-, Rs.5,00,000/-, is directed to be released to the claimant no. 1 – Jadav Deka and Rs.1,50,000/- each is directed to be deposited in a Fixed Deposit scheme in the names of claimant no. 2 – Shri Binod Deka and the claimant no. 3 – Shri Diki Deka in any nationalized bank for a period of 3 years.

¶6The claimant no. 1 would be at liberty to withdraw the aforesaid amount on being properly identified by their learned counsel.

¶7The 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. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010111322023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./222/2023o UNITEDoINDIAoINSURANCEoCOoLTD.o HAVINGoITSoREGISTEREDoHEADoOFFICEoATo24,oWHITESoROAD,oCHENNAIo ANDoONEoOFoTHEoREGIONALoOFFICEoAToG.S.oROAD,oGUWAHATI-o781005. VERSUSo JADAVoDEKAoANDo3oORS.o S/OoLATEoCHUTIMANoDEKA,o R/OoBAGHARALIGAON,o P.S.-oDHARAMTUL,oPIN-o782105,o DIST.-oMORIGAON,oASSAM. 2:BINODoDEKA oS/OoJADAVoDEKA o R/OoBAGHARALIGAON o P.S.-oDHARAMTUL oPIN-o782105 o DIST.-oMORIGAON oASSAM. 3:DIKIoDEKA oS/OoJADAVoDEKA o R/OoBAGHARALIGAON o P.S.-oDHARAMTUL oPIN-o782105 o DIST.-oMORIGAON Page No.# 2/3 ASSAM. 4:JAYANTA HAZARIKA S/O LATE ATUL HAZARIKA R/O TELAHI BHAKATGAON P.S.- DHARAMTUL PIN- 782412 DIST.- MORIGAON ASSAM Advocate for the Petitioner : MR. K K BHATTA, MRS L SHARMA Advocate for the Respondent : MR. S RAHMAN (r-1,2,3), MR. Z IQBAL (r-1,2),MR A N IQBAL (r- 1,2,3) BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI