United India Insurance Company Ltd v. Jagangir Ali 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

08.07.2024 passed by the Learned Member, Motor Accident Claims Tribunal No. 2, Kamrup (M) in MAC Case No. 991/2019.

¶2Shri A. Munin Choudhury, Regional Manager of the Insurance Company and the claimant no. 1 – Jahangir Ali and the claimant no. 2 – Jitumoni Begum along with their learned counsel, Ms. A. Bhanu 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.35,50,000/- has been agreed upon.

¶4In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the amount of Rs.35,50,000/- being the full and final settlement before the Registry of this Court within a period of 45 days Page No.# 3/3 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.35,50,000/-, Rs.12,75,000/-, each is directed to be released to the claimant no. 1 – Jahangir Ali and the claimant no. 2 – Jitumoni Begum and an amount of Rs.5,00,000/- each is directed to be deposited in a Fixed Deposit scheme in the names of claimant no. 1 – Jahangir Ali and the claimant no. 2 – Jitumoni Begum in any nationalized bank for a period of 3 years.

¶6The claimants 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 GAHC010177372024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./440/2024o UNITEDoINDIAoINSURANCEoCOMPANYoLTDo HAVINGoITSoREGISTEREDoOFFICEoANDoHEADoOFFICEoATo24oWHITESoROAD CHENNAIoANDoITSoREGIONALoOFFICEoAToGSoROAD,oDISPURoGUWAHATIo ANDoREP.oBYoTHEoCHIEFoREGIONALoMANAGERoGUWAHATIoREGIONALo OFFICE,oGSoROAD,oDISPURoGUWAHATIo781005 VERSUSo JAGANGIRoALIoANDo3oORSo S/OoTAHERoALI,o RESIDENToOFoVILLAGEoBONGALIKUCHI,oPOoANDoPSoRANGIA,oDISTo KAMRUPo,oASSAM,o781354 2:JITUMONIoBEGUM oD/OoTAHERoALI o RESIDENToOFoVILLAGEoBONGALIKUCHI oPOoANDoPSoRANGIA oDISToKAMRUPo oASSAM o781354 3:TAHERoALI oS/OoMoALI o RESIDENToOFoVILLAGEoBONGALIKUCHI oPOoANDoPSoRANGIA oDISToKAMRUPo oASSAM o781354 4:SAHAJAHANoALI Page No.# 2/3 S/O TAHER ALI RESIDENT OF VILLAGE BONGALIKUCHI PO AND PS RANGIA DIST KAMRUP ASSAM 78135 Advocate for the Petitioner : MR. R GOSWAMI, MS. P BORTHAKUR,MS. M SAIKIA Advocate for the Respondent : MRS. A BHANU (R-1,2), MS. S P DAS(R-1,2) BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI