Citation : 2021 Latest Caselaw 3418 Gua
Judgement Date : 11 December, 2021
Page No.# 1/2
GAHC010174782017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./541/2018
SMTI KANCHANI BISWAS and ANR
WIFE OF KHAGEN BISWAS
PERMANENT RESIDENT OF VILLAGE BEJIBARI PO AND PS LALUK, DIST
LAKHIMPUR
ASSAM
PRESENTLY RESIDING AT VILLAGE TAMKHALA, PO BHUMURAGURI, PS
ULLUONI MOUZA PUBTHORIA, DIST NAGAON ASSAM
2: SRI BISWARJIT BISWAS
SON OF KHAGEN BISWAS
PERMANENT RESIDENT OF VILLAGE BEJIBARI PO AND PS LALUK
DIST LAKHIMPUR
ASSAM
PRESENTLY RESIDING AT VILLAGE TAMKHALA
PO BHUMURAGURI
PS ULLUONI MOUZA PUBTHORIA
DIST NAGAON ASSA
VERSUS
JANASADHARAN PRINTING and PUBLISHERS P LTD and ANR
GUWAHATI -02
INDUSTRAIL ESTATE BAMUNIMAIDAM, OWNER OF THE VEHICLE NO. AS-
01-CC-9120
2:BRANCH MANAGER
CHOLAMANDALAM GENERAL INS. CO. LTD.
GUWAHATI BRANCH
INSUER OF VEHICLE NO. AS-01-CC-9120 P/NO 3379/00483170/000/0
Advocate for the Petitioner : MR.H G BARUAH
Advocate for the Respondent : MR. K K BHATTA (R2)
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BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
:: O R D E R ::
11.12.2021
The matter is listed before the Lok-Adalat.
The claimant Ms. Kanchani Biswas along with Mr. H. Bhuyan, learned counsel for the claimants are present.
Mr. Diganta Hazarika along with Ms. Madhu Chanda Dhar are present for the Oriental Insurance Company Ltd.
Mr. K.K. Bhatta for the respondents has before this Court on the basis of an authorization letter dated 10.12.2021 issued by the authorized Insurance Company/ respondent No. 2. The said authorization is kept on record.
The parties have arrived at an amicable settlement in terms of the judgment and order dated 29.05.2017, the appellant had already received an amount of Rs. 4,60,000/-. In terms of the amicable settlement, the respondent Insurance Company would be paying a further amount of Rs. 4,30,000/- as full and final settlement to the claimants of the appellant in MAC Case No. 485/2012 in so far as the respondent No. 2 Insurance Company is concerned.
The said amount shall be deposited before the Registry of this Court within a period of 30 days and the appellant shall be entitled to withdraw the same.
Upon payment of the said amount, the Statutory Deposit amount of Rs. 25,000/- shall be refunded to the Insurance Company by the Registry of this Court.
JUDGE
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