The Oriental Insuranceco Ltd vs Sri Aiong Shyam And 2 Ors
2021 Latest Caselaw 1638 Gua

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GAHC010175712016




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

                                Case No. : MACApp./373/2016

            THE ORIENTAL INSURANCECO LTD
            A CO. UNDER THE COMPANIES ACT, REPRESENTED BY ITS REGIONAL
            MANAGER, ULUBARI, GUWAHATI-7, DIST. KAMRUP, ASSAM.



            VERSUS

            SRI AIONG SHYAM and 2 ORS
            S/O LATE ONGY SHYAM, VILL. AHOMONI SHYAM GAON, P.O. SILONIJAN,
            DIST. KARBI ANGLONG, ASSAM, PIN NO. 782460

            2:MRINAL BARUAH

             S/O SRI DULAL BARUAH
             VILL. DEKAR GAON
             BARUAH CHARI ALI
             TEZPUR
             DIST. SONITPUR
             ASSAM
             PIN NO. 784001

            3:MADAN SAIKIA
             S/O SRI JOGEN SAIKIA
             GORMUR GAON
             P.O. BOKAKHAT
             DIST. GOLAGHAT
            ASSAM
             PIN 78561

Advocate for the Petitioner   : MR.R KATHKATIA

Advocate for the Respondent : MS.P BARUAH R-1
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                                      BEFORE
                      HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                               ORDER

Date : 10.07.2021

Heard Mr. Ranabir Ganguly, Assistant Manager, the Oriental Insurance Co. Ltd. Also heard Sri Aiong Shyan, respondent no.1 along with his learned counsel Ms. S. Khanikar.

After negotiated settlement, the parties have agreed for a total amount of Rs.21,50,000/- (Rupees twenty one lakh fifty thousand only) together with interest as full and final settlement of all his claim against the judgment and order dated 06.04.2015 passed by the learned Member, MACT, Golaghat in MAC Case No.46/2013, which should be subject to adjustment of Rs.8,00,000/- (Rupees eight lakh only), which had already been deposited before the Registry of this Court and such amount has already been withdrawn by the respondent no.1. Accordingly, the balance amount of Rs.13,50,000/- (Rupees thirteen lakh fifty thousand only) shall be deposited before the Registry of this Court within a period of 4 (four) weeks from today. On such deposit being made, on being satisfied as to his identity, the Registry shall release a sum of Rs.7,00,000/- (Rupees seven lakh only) to the respondent no.1. The balance amount shall be converted into fixed deposit for a tenure of 3 (three) years.

In the event the awarded sum is not paid within the time allowed, it would be open to the respondent no.1 to enforce the award.

On being deposited the settled balance amount, Registry shall release the statutory deposit made by the appellant.

This matter stands disposed of on Lok Adalat.

JUDGE

Comparing Assistant