The Oriental Insurance Company ... vs Joytan Bibi @ Joytan Begum And 7 Ors
2021 Latest Caselaw 2169 Gua

                                                                    Page No.# 1/3

GAHC010139302016




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

                           Case No. : MACApp./764/2018

         THE ORIENTAL INSURANCE COMPANY LTD.
         (A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT
         GUWAHATI, G.S. ROAD, ULUBARI, GUWAHATI 781007 REPRESENTED BY
         THE ASSTT. MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI,
         GUWAHATI 781005



         VERSUS

         JOYTAN BIBI @ JOYTAN BEGUM and 7 ORS
         W/O LATE SHAJAHAN ALI @ SHAHJAHAN ALI, R/O VILL. NISLARPAR
         CHOR, P.O. and P.S. BHANGNAMARI, DIST. NALBARI, ASSAM, PIN 781375

         2:SADDAM HUSSAIN

          S/O LATE SHAJAHAN ALI @ SHAHJAHAN ALI

         3:JAHIDUL ISLAM

          S/O LATE SHAJAHAN ALI @ SHAHJAHAN ALI

         4:SANIDUL ISLAM

          S/O LATE SHAJAHAN ALI @ SHAHJAHAN ALI

         5:ELIZA BEGUM

          D/O LATE SHAJAHAN ALI @ SHAHJAHAN ALI

         6:BELIZA BEGUM

          D/O LATE SHAJAHAN ALI @ SHAHJAHAN ALI
          ALL ARE R/O VILL. NISLARPAR CHOR
                                                                                  Page No.# 2/3

             P.O. and P.S. BHANGNAMARI
             DIST. NALBARI
             ASSAM
             PIN 781375

             7:ATUL CH. NATH
              S/O LT. TARACHAN NATH
             VILL. PURAN GOLIA
              P.S. BHAWANIPUR
              DIST. BARPETA
             ASSAM
              PIN 781352

             8:MD. AMINUL HOQUE
              S/O LT. AKBAR ALI
             VILL. BARBALA
              P.O. and P.S. BHAWANIPUR
              DIST. BARPETA
             ASSAM
              PIN 78135

Advocate for the Petitioner   : MS. R D MOZUMDAR

Advocate for the Respondent : MR. S SINGH




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

11.09.2021

This is an appeal filed by the appellant- Oriental Insurance Company Limited (for short Insurance Company) against the judgment and award dated 19.10.2015 passed by the learned Additional District Judge No. 2, Kamrup in M.A.C. Case No. 351/2014.

The appellant-Insurance Company is represented by Shri E.R. Shah, the Regional Manager.

The claimants are represented by Shri D. Mondol, the learned counsel.

The parties present before this Court jointly submit that the matter has been settled outside the Court and an amount of Rs.17,50,000/- as full and final settlement has been Page No.# 3/3

agreed. It is submitted that during the pendency of this appeal, an amount of Rs.10,91,460/- has already been paid.

In view of the above, the appeal stands closed with a direction that the Insurance Company shall now deposit the balance amount of Rs.6,58,540/-, being the full and final settlement before the Registry of this Court within a period of 45 days from today. The balance amount would be released to the claimants on being properly identified by the learned counsel for the claimants.

The statutory deposit of Rs.25,000/- made by the Insurance Company at the time of filing of the appeal would be refunded by the Registry of this Court to the Insurance Company within the said period of 45 days.

A memo of settlement is made a part of the record.

The MAC Appeal stands disposed of.

JUDGE

Comparing Assistant