Gauhati High Court
The Oriental Insurance Co. Ltd vs Dilowara Begum @ Bibi And 5 Ors on 11 September, 2021
Page No.# 1/4
GAHC010006032020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./93/2020
THE ORIENTAL INSURANCE CO. LTD
A COMPANY REGD. UNDER THE COMPANIES ACT, 1956. REP. BY ITS
REGIONAL MANAGER, ULUBARI, GUWAHATI-07.
VERSUS
DILOWARA BEGUM @ BIBI AND 5 ORS
W/O. LT. YAKUB ALI, VILL. HIRAJANI, P.O. AKADI, P.S. HAJO, DIST.
KAMRUP, ASSAM.
2:YEAR HUSSAIN
S/O. LT. YAKUB ALI
VILL. HIRAJANI
P.O. AKADI
P.S. HAJO
DIST. KAMRUP
ASSAM.
3:AMZAL HUSSAIN
S/O. LT. YAKUB ALI
VILL. HIRAJANI
P.O. AKADI
P.S. HAJO
DIST. KAMRUP
ASSAM. (BEING MINOR REP. BY HIS MOTHER RESPONDENT NO.1.)
4:ELIYASH HUSSAIN
S/O. LT. YAKUB ALI
VILL. HIRAJANI
P.O. AKADI
P.S. HAJO
DIST. KAMRUP
Page No.# 2/4
ASSAM. (BEING MINOR REP. BY HIS MOTHER RESPONDENT NO.1.)
5:KOLDALIN MARNGAR
W/O. SRI KMENLIN MYRTHONG
VILL. LAIKSEH
P.S. NONGSTOGN
DIST. WEST KHASI HILLS
MEGHALAYA. (OWNER)
6:MD. KADER ALI
S/O. MD. GAFUR ALI
VILL. SHARIYA HAKUCHI
P.S. SARTHEBARI
DIST. BARPETA
ASSAM (DRIVER)
Advocate for the Petitioner : MR. S K GOSWAMI
Advocate for the Respondent : MR. M H LASKAR
Linked Case : I.A.(Civil)/542/2020
THE ORIENTAL INSURANCE CO. LTD
A COMPANY REGD. UNDER THE COMPANIES ACT
1956. REP. BY ITS REGIONAL MANAGER
ULUBARI
GUWAHATI-07.
VERSUS
DILOWARA BEGUM @ BIBI AND 5 ORS
W/O. LT. YAKUB ALI
VILL. HIRAJANI
P.O. AKADI
P.S. HAJO
DIST. KAMRUP
ASSAM.
2:YEAR HUSSAIN
S/O. LT. YAKUB ALI
VILL. HIRAJANI
P.O. AKADI
Page No.# 3/4
P.S. HAJO
DIST. KAMRUP
ASSAM.
3:AMZAL HUSSAIN
S/O. LT. YAKUB ALI
VILL. HIRAJANI
P.O. AKADI
P.S. HAJO
DIST. KAMRUP
ASSAM. (BEING MINOR REP. BY HIS MOTHER RESPONDENT NO.1.)
4:ELIYASH HUSSAIN
S/O. LT. YAKUB ALI
VILL. HIRAJANI
P.O. AKADI
P.S. HAJO
DIST. KAMRUP
ASSAM. (BEING MINOR REP. BY HIS MOTHER RESPONDENT NO.1.)
5:KOLDALIN MARNGAR
W/O. SRI KMENLIN MYRTHONG
VILL. LAIKSEH
P.S. NONGSTOGN
DIST. WEST KHASI HILLS
MEGHALAYA. (OWNER)
6:MD. KADER ALI
S/O. MD. GAFUR ALI
VILL. SHARIYA HAKUCHI
P.S. SARTHEBARI
DIST. BARPETA
ASSAM (DRIVER).
------------
Advocate for : MR. S K GOSWAMI
Advocate for : appearing for DILOWARA BEGUM @ BIBI AND 5 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 order dated 04.09.2019 passed by the
learned Member, Motor Accident Claims Tribunal No. 2, Kamrup (M), Guwahati, in MAC Case
No. 43/2017.
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The appellant-Insurance Company is represented by Shri E.R. Shah, the Regional
Manager.
The claimant - Ms. Dilowara Begum @ Bibi is present along with her counsel Shri S.
Roy.
The parties present before this Court jointly submit that the matter has been settled
outside the Court and an amount of Rs.59,58,000/- as full and final settlement has been
agreed. It is submitted that during the pendency of this appeal, an amount of Rs.36,41,746/-
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.23,16,254/-, being the full and final
settlement before the Registry of this Court 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.
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
