Oriental Insurance Company Ltd vs Smti. Parul Koch And 2 Ors
2021 Latest Caselaw 2180 Gua

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GAHC010153362019




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

                                Case No. : MACApp./411/2019

            ORIENTAL INSURANCE COMPANY LTD.
            HAVING ITS REGIONAL OFFICE AT GUWAHATI, ULUBARI, GUWAHATI-
            781007, REP. BY THE REGIONAL MANAGER, GAUHATI REGIONAL OFFICE,
            ULUBARI, GUWAHATI- 781007.



            VERSUS

            SMTI. PARUL KOCH AND 2 ORS.
            W/O- SRI BIREN KOCH (BORA), R/O- VILL.- BHETIONI, P.O. AND P.S.
            BATADRAVA, DIST.- NAGAON, ASSAM, PIN- 782122.

            2:SAHAB UDDIN
             S/O- LATE ABDUL MAZID
             R/O- VILL.- DHUPAGURIGAON
             P.O. DHUPAGURI
             P.S. DHING
             DIST.- NAGAON
            ASSAM
             PIN- 782123.

            3:MD. ABDUL ALI
             S/O- ABDUL RAHMAN
             R/O- VILL. AND P.O. SHIMALUGURI
             P.S. SADAR
             DIST.- NAGAON
            ASSAM
             PIN- 782425

Advocate for the Petitioner   : MS. R D MOZUMDAR

Advocate for the Respondent : MR J C BORAH
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                                 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 29.03.2019 passed by the learned Member, Motor Accident Claims Tribunal, Nagaon, Assam, in M.A.C. Case No. 83/2016.

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

The claimant - Smti Parul Koch is present.

The parties present before this Court jointly submit that the matter has been settled outside the Court and an amount of Rs.10,50,000/- as full and final settlement has been agreed. It is submitted that during the pendency of this appeal, an amount of Rs.5,34,800/- 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.5,15,200/-, being the full and final settlement before the Learned Member, Motor Accident Claims Tribunal, Nagaon, Assam within a period of 60 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 60 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