The National Insurance Company Ltd v. Pranita Roy and 4 Ors

ORDER

14.09.2024 This is an appeal filed by the appellant-National Insurance Company Ltd. (for short Insurance Company) against the judgment and award dated

31.07.2023 passed by the Learned Member, Motor Accident Claims Tribunal No.1, Kamrup (M) in MAC Case No. 439/2018.

¶2Shri P.D. Bhutia, Regional Manager along with Shri Debajit Sarka, Assistant Manager of the Insurance Company and the claimant no. 2 – Shri Dimpal Roy and the claimant no. 3 – Smti. Harbala Roy along with their learned counsel, Shri M. Kalita are present today i.e., 14.09.2024 in the National Lok Adalat.

¶3It is informed that the claimant no. 1 – Pranita Roy has passed away and Page No.# 3/3 in this regard, death certificate has been placed.

¶4The parties present before this Court jointly submit that the matter has been settled between the parties and a lump sum amount of Rs.14,50,000/- has been agreed upon.

¶5In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the aforesaid amount of Rs.14,50,000/- being the full and final settlement before the Registry of this Court within a period of 45 days from today.

¶6The manner of release of the aforesaid amount would be in the following terms:

i) Out of the aforesaid awarded amount of Rs.14,50,000/-, Rs.2,00,000/-, is directed to be released to the claimant no. 2 – Shri Dimpal Roy and Rs.5,00,00/- to the claimant no. 3 – Smti. Harbala Roy and the remaining amount of Rs.7,50,000/- is directed to be deposited in a Fixed Deposit scheme in the name of claimant no. 2 – Shri Dimpal Roy in any nationalized bank for a period of 3 years.

¶7The claimants would be at liberty to withdraw the aforesaid amount on being properly identified by his learned counsel.

¶8The 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 GAHC010251472023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./408/2023o THEoNATIONALoINSURANCEoCOMPANYoLTDo HAVINGoITSoREGISTEREDoHEADoOFFICEoATo3,oMIDDLETONoSTREET,o CALCUTTA-o700071oANDoREGIONALoOFFICEoAToBHANGAGARH,o GUWAHATI,oREP.oBYoTHEoREGIONALoMANAGER,oGUWAHATIoREGIONALo OFFICE,oBHANGAGARH,oGUWAHATI-o781005,oDIST.-oKAMRUPo(METRO),o ASSAM. VERSUSo PRANITAoROYoANDo4oORS.o W/OoLATEoKANDARPAoROY,o VILL.-oSUKULAPARo(KALIBARI),oP.O.-oBAGHMARAoBAZAR,oP.S.-o PATACHARKUCHI,oDIST.-oBARPETA,oASSAM,oPIN-o781328. 2:DIMPALoROY oS/OoLATEoKANDARPAoROY o VILL.-oSUKULAPARo(KALIBARI) oP.O.-oBAGHMARAoBAZAR oP.S.-oPATACHARKUCHI oDIST.-oBARPETA oASSAM oPIN-o781328. 3:HARBALAoROY oM/OoLATEoKANDARPAoROY o VILL.-oSUKULAPARo(KALIBARI) oP.O.-oBAGHMARAoBAZAR oP.S.-oPATACHARKUCHI oDIST.-oBARPETA oASSAM oPIN-o781328. 4:GUNAJIToMEDHI Page No.# 2/3 S/O SRI SUCHIL KUMAR MEDHI VILL.- TUPLI PANBARI P.O.- NITTANANDA P.S.- PATACHARKUCHI DIST.- BARPETA ASSAM PIN- 781328. 5:SUCHIL KUMAR MEDHI S/O LATE HARICHARAN MEDHI VILL.- TUPLI PANBARI P.O.- NITTANANDA P.S.- PATACHARKUCHI DIST.- BARPETA ASSAM PIN- 781328 Advocate for the Petitioner : MS. D D BARMAN, MS G DAS Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI