Page No.# 1/3 vs The Regional Manager And Anr
2021 Latest Caselaw 2170 Gua

                                                                 Page No.# 1/3

GAHC010094802018




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

                         Case No. : MACApp./659/2018

         JONALI MANTA AND 2 ORS
         W/O PALE @ POLESWAR MANTA, R/O VILL. SILCHANG, P.O. JAGIROD-,
         DIST. MORIGAON, ASSAM

         2: PALE @ POLESWAR MANTA

          S/O LATE SITARAM MANTA
          R/O VILL. SILCHANG
          P.O. JAGIROD-
          DIST. MORIGAON
          ASSAM

         3: MERRY MANTA
          D/O PALE @ POLESWAR MANTA
          R/O VILL. SILCHANG
          P.O. JAGIROD-
          DIST. MORIGAON
         ASSAM
          (APPELLANT NO. 3 IS MINOR HENCE BEING REPRESENTED BY
         APPELLANT NO. 1 AS BEING MOTHER



         VERSUS


         THE REGIONAL MANAGER AND ANR
         THE ORIENTAL INSURANCE CO. LTD. , REGIONAL OFFICE, GUWAHATI ,
         G.S. ROAD, ULUBARI, GUWAHATI 781007 (ASSAM)

         2:M/S ARUNACHAL TRANSPORT CORPORATION
          PROP- PAWAN KUMAR AGARWALA
          KANAKALATA ROAD
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             NARANARAYAN NAGAR
             P.O. BHARALUMUKH 781009
             DIST. KAMRUP (ASSAM

Advocate for the Petitioner   : MR. A R AGARWALA

Advocate for the Respondent : MD. A AHMED (R1)




                                   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 08.02.20218 passed by the Motor Accidents Claims Tribunal No.1, Kamrup (M) in MAC Case No.2490/2015.

The appellant- Insurance Company is represented by Shri E.R. Shah, the Regional Manager. The claimants are represented by Shri K. Ali, learned Counsel.

The parties present before this Court jointly submit that the matter has been settled outside the Court and an amount of Rs.10,02,471/- as full and final settlement has been agreed. It is submitted that during the pendency of this appeal, an amount of Rs.6,02,471/- 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.4,00,000/-, 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 claimant on being properly identified by the learned counsel for the claimant.

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.

As agreed to by the parties, the amount to be released may be given in the name of the claimant No.1, who is the mother of the deceased.

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

The MAC Appeal stands disposed of.

JUDGE

Comparing Assistant