Gauhati High Court
The Oriental Insurance Co. Ltd vs Pujan Sarkar And 2 Ors on 11 September, 2021
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GAHC010033392021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./43/2021
THE ORIENTAL INSURANCE CO. LTD.,
A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956. REP. BY ITS
REGIONAL MANAGER, ULUBARI, GUWAHATI-7.
VERSUS
PUJAN SARKAR AND 2 ORS.
S/O- SRI SUSHIL SARKAR, R/O- VILL.- KEHERUKHANDA PATHAR, P.O.
KEHERUKHANDA PATH, P.S. DHEKIAJULI, DIST.- SONITPUR, ASSAM, PIN-
784110 AND PERMANENTLY RESIDING AT- C/O- MANMOHON DEKA,
SONALI PATH, H/NO. 5, RUPNAGAR, P.O. INDRAPUR, P.S. BHANGAGARH,
DIST.- KAMRUP(M), ASSAM, PIN- 781032.
2:MAHABIR SETHIA
S/O- LATE BIKAMCHAND SETHIA
R/O- WARD NO. 7
DHEKIAJULI
P.S. DHEKIAJULI
DIST.- SONITPUR
ASSAM
PIN- 784110.
3:DILIP KR. THAPA
S/O- LATE KARMA D. THAPA
R/O- VILL.- MUKATETELI
P.O. TEZPUR
DIST.- SONITPUR
ASSAM
PIN- 784001
Advocate for the Petitioner : MR. S K GOSWAMI
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Advocate for the Respondent :
Linked Case : I.A.(Civil)/472/2021
THE ORIENTAL INSURANCE CO. LTD
A COMPANY REGISTERED UNDER THE COMPANIES ACT
1956. REP. BY ITS REGIONAL MANAGER
ULUBARI
GUWAHATI-7.
VERSUS
PUJAN SARKAR AND 2 ORS.
S/O- SRI SUSHIL SARKAR
R/O- VILL.- KEHERUKHANDA PATHAR
P.O. KEHERUKHANDA PATH
P.S. DHEKIAJULI
DIST.- SONITPUR
ASSAM
PIN- 784110 AND PERMANENTLY RESIDING AT- C/O- MANMOHON DEKA
SONALI PATH
H/NO. 5
RUPNAGAR
P.O. INDRAPUR
P.S. BHANGAGARH
DIST.- KAMRUP(M)
ASSAM
PIN- 781032.
2:MAHABIR SETHIA
S/O- LATE BIKAMCHAND SETHIA
R/O- WARD NO. 7
DHEKIAJULI
P.S. DHEKIAJULI
DIST.- SONITPUR
ASSAM
PIN- 784110.
3:DILIP KR. THAPA
S/O- LATE KARMA D. THAPA
R/O- VILL.- MUKATETELI
P.O. TEZPUR
DIST.- SONITPUR
ASSAM
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PIN- 784001.
------------
Advocate for : MR. S K GOSWAMI
Advocate for : appearing for PUJAN SARKAR AND 2 ORS.
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 09.12.2020, passed by the
learned Member-cum-Additional District Judge, (FTC) Kamrup (M) , Guwahati in MAC Case
No. 1754/2012.
The appellant-Insurance Company is represented by Shri E.R. Shah, the Regional
Manager.
The claimant-Shri Pujan Sarkar is present.
The parties present before this Court jointly submit that the matter has been settled
outside the Court and an amount of Rs.20,00,000/- as full and final settlement has been
agreed upon. It is submitted that during the pendency of this appeal, an amount of
Rs.7,43,500/- has already been deposited before the learned Member-cum-Additional District
Judge, (FTC) Kamrup (M), Guwahati but the deposit amount is yet to be released to the
claimant.
In view of the above, the appeal stands closed with a direction that the Insurance
Company shall now deposit the additional amount of Rs. 12,56,500/- being the full and final
settlement before the learned Member-cum-Additional District Judge, (FTC) Kamrup (M),
Guwahati within a period of 45 days from today. The total amount would be released to the
appellant-claimant on being properly identified by the learned counsel for the appellant-
claimant.
The statutory deposit of Rs.25,000/- made by the Insurance Company at the time of
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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.
Both the Interlocutory Application and the MAC Appeal stand disposed of.
JUDGE
Comparing Assistant
