Shriram General Insurance Co. Ltd vs Md Abdul Jalil And 5 Ors
2021 Latest Caselaw 3421 Gua

                                                                 Page No.# 1/3

GAHC010275922018




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                             Case No. : MACApp./44/2019

         SHRIRAM GENERAL INSURANCE CO. LTD
         0500-E/8, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN-
         302022 AND HAVING A BRANCH OFFICE AT B R ARCADE, 3RD FLOOR, 21
         JANAPATH, ULUBARI, GUWAHATI- 780507



         VERSUS

         MD ABDUL JALIL AND 5 ORS
         S/O- LATE HASIR MAHAMMAD, R/O- DANIRBOND, P.O- DORGARBOND,
         P.S- RAMKRISHNA NAGAR, DIST- KARIMGANJ, ASSAM, PIN- 788166

         2:MUSSTT. HALIMA BIBI
          D/O- ABDUL JALIL
          R/O- DANIRBOND
          P.O- DORGARBOND
          P.S- RAMKRISHNA NAGAR
          DIST- KARIMGANJ
         ASSAM
          PIN- 788166

         3:SAMSUL HAQUE
          S/O- ABDUL JALIL
          R/O- DANIRBOND
          P.O- DORGARBOND
          P.S- RAMKRISHNA NAGAR
          DIST- KARIMGANJ
         ASSAM
          PIN- 788166

         4:JAYNUL HAQUE
          S/O- ABDUL JALIL
          R/O- DANIRBOND
                                                                          Page No.# 2/3

             P.O- DORGARBOND
             P.S- RAMKRISHNA NAGAR
             DIST- KARIMGANJ
             ASSAM
             PIN- 788166

            5:ALIM UDDIN LASKAR
             S/O- LATE TALABE ALI LASKAR
             R/O- VILL- RAMNAGAR PART-V
             P.O- SILCHAR
             P.S- SILCHAR
             DIST- CACHAR
            ASSAM
             PIN- 788001

            6:DILDAR HUSSAIN
             S/O- MD. SARIF UDDIN LASKAR
             R/O- VILL- RAMNAGAR TARAPUR PART-I
             P.O- SILCHAR
             P.S- SILCHAR
             DIST- CACHAR
            ASSAM
             PIN- 78800

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent : MR. M TALUKDAR (R1-R4)




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                        ORDER

11-12-2021

Mr. M. Talukdar, learned counsel appears on behalf of the claimant. Also Mr. R. Goswami, learned counsel appears on behalf of the Sriram General Insurance Co. Ltd.

Although the claimant could not appear today, the matter is settled as per pre- settlement note between the claimant and the Sriram General Insurance Company Ltd., at a total amount of Rs. 17,43,600/- (Rupees Seventeen Lakh Forty Three Thousand Six Hundred only) out of which an amount of Rs. 11,15,322/- (Rupees Page No.# 3/3

Eleven Lakh Fifteen Thousand Three Hundred Twenty Two only) had already been paid to the claimant. The pre-settlement note is duly signed by the claimant.

Therefore, the Insurance Company is directed to deposit the balance amount of Rs. 6,25,278/- (Rupees Six Lakh Twenty Five Thousand Two Hundred Seventy Eight) before the MACT, Silchar, Cachar within a period of 30 days from today, which shall be disbursed to the claimant Nos. 1, 2 & 4 upon furnishing of proper address, identification and bank account details to be submitted before the Tribunal. The Tribunal in its award dated 29.09.2018 earlier held that the claimant No. 3 is not to be considered as dependent as per Paragraph-13 of the Judgment.

The Insurance Company is permitted to withdraw the Statutory Deposit made before this Court.

The pre-settlement note is kept as a part of the case record. In view of above settlement, the MAC Appeal stands disposed of.

JUDGE

Comparing Assistant