National Insurance Co. Ltd v. Musstt Jusna Khanam and 5 Ors

ORDER Date : 14.12.2024

Heard Mr. Debajit Sarkar, Assistant Manager, National Insurance Co. Ltd., the appellant.

¶2The respondent nos.1 to 3, namely, Musstt. Jusna Khanam, Md. Mahmadul Hasan and Md. Abdulla Al. Ahasan respectively are present along with their learned counsel and they have produced a authority letter for respondent no.4 and 5, the daughters of the respondent no.1. The same is made as a part of record.

¶3After negotiated settlement, the parties have agreed for a total settlement amount of Rs.22,00,000/- (Rupees twenty two lakh only) as full and final settlement of all the claims of the respondent against the order and award dated 30.09.2016, passed by the learned Additional District Judge (FTC), Karimganj in MAC Case No. 80/2010.

¶4It is also submitted that when the claim was made and decided and the appeal was filed, the respondent nos.2 to 5 were minors. In the meanwhile, they have attained majority.

¶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 Page No.# 3/3 of record.

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

¶7Accordingly, the Bajaj Allianz General Insurance Company Ltd. shall deposit the settlement amount of Rs.22,00,000/- (Rupees twenty two lakh only) in favour of the respondent nos.1 to 5 before the learned Additional District Judge (FTC), Sribhumi (earlier Karimganj) 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.

¶8The settlement amount shall be released to the respondent no.1 to 5 in equal proportion on satisfaction of their 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.#o1/3 GAHC010168392017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./282/2021o NATIONALoINSURANCEoCO.oLTDo AoGOVT.oOFoINDIAoUNDERTAKINGoCO.oHAVINGoITSoREGISTEREDoOFFICEo AToNO.o3oMIDDLETONoSTREET,oKOLKATAoANDoONEoOFoTHEoREGIONALo OFFICEoSITUATEDoAToG.S.oROAD,oBHANGAGARH,oGUWAHATIo781005 VERSUSo MUSSTToJUSNAoKHANAMoando5oORSo W/OoLT.oSHAHABoUDDINoRESIDANToOFoVILLAGEoDURARA,oPoOo KANAIBAZARoPSoPATHARKANDIoDISToKARIMGANJoASSAMoPINo788724 2:MDoMAHMADULoHASAN oSONoOFoLATEoSHAHABoUDDIN 3:MDoABDULLAoALoAHASAN oSONoOFoLATEoSHAHABoUDDIN 4:MUSSTToMAHMUDAoBEGUM oD/OoLATEoSHAHABoUDDIN 5:MUSSTToMASHUDAoNURI oD/OoLT.oSHAHABoUDDIN 6:MDoNASIRoUDDIN oSOoLToSAMSULoISLAMoANDoBROTHERoOFoLToSHAHABoUDDINo ALLoTHEoRESPONDENToNOo1TOo6oAREoRESIDENToOFoVILLAGEoDUGARAo POoKANAIBAZARoPSoPATHARKANDIoDISToKARIMGANJoASSAMoPINo788724 7:MDoJAHURULoISLAM oS/OoMDoSADoUDDINo R/OoVILLoNALBARIo POoANDoPSoPATHERKANDIoDISToKARIMGANJoPINo788724(OWNERoOFo Page No.# 2/3 VEHICLE NO AS 10-5995 Advocate for the Petitioner : MR.B K PURKAYASTHA, MR. R GOSWAMI,MS.K DEKA Advocate for the Respondent : MR. P D NAIR, MR S R A NASER,, BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA