United India Insurance Co Ltd v. Sima Das Anr

PageoNo.#o1/3 GAHC010183852024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./461/2024o UNITEDoINDIAoINSURANCEoCOoLTDo HAVINGoITSoREGISTEREDoANDoHEADoOFFICEoATo24oWHITESoROAD,o CHENNAIo600014oANDoONEoOFoTHEoREGIONALoOFFICEoAToTHEoG.S.oROAD,o DISPUR,oGUWAHATI-781005 VERSUSo SIMAoDASoANRo W/O.oSHRI.oGADADHARoCHOUDHURY,oR/O.oVILL-RATANPUR,oP/O.o BARBHAG,oP/S.oPATACHARKUCHI,oDIST.oBARPETA,oASSAM,oPIN-781326. 2:SRI.oNABAJIToKALITA oS/O.oBHARATIoKALITA oVILL-oKARIA oP/S.oNALBARI oDIST.oNALBARI oASSAM oPIN-781339o AdvocateoforotheoPetitionerooooo:oMR.oAoJoSAIKIA,oMR.oS.oPEGU,MoCHETIAo AdvocateoforotheoRespondento:oDR.oUoBARUAH(R-1),oMR.oKoKoDUTTA(R-1),RANJUoRoSo BARUAH(R-1)oo BEFORE HONOURABLEoMR.oJUSTICEoSANJAYoKUMARoMEDHI ORDERo

14.09.2024 Page No.# 2/3 This is an appeal filed by the appellant-United India Insurance Company Ltd. (for short Insurance Company) against the judgment and award dated

12.06.2024 passed by the Learned Member, Motor Accident Claims Tribunal No.2, Kamrup (M) in MAC Case No. 1702/2018.

¶2Shri A. Munin Choudhury, Regional Manager of the Insurance Company and the claimant – Smti. Sima Das along with her learned counsel, Shri KK Dutta 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.31,00,000/- has been agreed upon.

¶4In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the additional amount of Rs.31,00,000/- 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.31,00,000/-, Rs.21,00,000/-, is directed to be released to the claimant – Smti. Sima Das and the remaining amount of Rs.10,00,000/- is directed to be deposited in a Fixed Deposit scheme in the name of claimant – Smti. Sima Das in any nationalized bank for a period of 3 years.

¶6The claimant would be at liberty to withdraw the aforesaid amount on being properly identified by her 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 Page No.# 3/3 within a period of 30 days. JUDGE Comparing Assistant