Oriental Insurance Co. Ltd vs Smti Renu Kalita And 4 Ors
2021 Latest Caselaw 2173 Gua

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GAHC010114312018




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

                         Case No. : MACApp./462/2018

         ORIENTAL INSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A 25/27 ASAF ALI
         ROAD, NEW DELHI 110002 AND REGIONAL OFFICE AT GUWAHATI-7,
         REPRESENTED BY THE REGIONAL MANAGER.



         VERSUS


         SMTI RENU KALITA and 4 ORS
         W/O LT. ATUL KALITA

         2:MARAMI KALITA
          D/O LATE ATUL KALITA

         3:JONALI KALITA
          D/O LATE ATUL KALITA

         4:SANGEETA KALITA
          D/O LATE ATUL KALITA
         ALL ARE R/O VILL. BHIYAPURI
          P.O. COLLEGE NAGAR
          P.S. KAMALPUR
          DIST. KAMRUP
         ASSAM
          GUWAHATI-31

         5:DHIREN SARMAH
          S/O SRI TOPODHAR SARMAH
         VILL. and P.O. DORAKAHARA
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             P.S. KAMALPUR
             DIST. KAMRUP ASSAM
             PIN CODE OWNER CUM DRIVER OF THE VEHICLE NO. AS-01-Q-9613
             MOTOR CYCL

Advocate for the Petitioner   : MR. SIDHANT DUTTA

Advocate for the Respondent : MS. PRANITA DEKA




                                    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 28.03.2017 passed by the Motor Accidents Claims Tribunal No.2, Kamrup (M) in MAC Case No.848/2014.

The appellant- Insurance Company is represented by Shri E.R. Shah, the Regional Manager. The claimants are represented by Ms. N. Dutta, learned counsel on behalf of Ms. P. Deka.

The parties present before this Court jointly submit that the matter has been settled outside the Court and an amount of Rs.7,10,000/- as full and final settlement has been agreed. It is submitted that during the pendency of this appeal, an amount of Rs.4,09,500/- 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.3,00,500/-, 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.

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

The MAC Appeal stands disposed of.

JUDGE

Comparing Assistant