The Oriental Insurance Co. Ltd vs Sufia Khatun And 5 Ors
2021 Latest Caselaw 2183 Gua

                                                                        Page No.# 1/3

GAHC010160862019




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

                          Case No. : MACApp./531/2019

         THE ORIENTAL INSURANCE CO. LTD.,
         A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, REP .BY ITS
         REGIONAL MANAGER, ULUBARI, GUWAHATI-7



         VERSUS

         SUFIA KHATUN AND 5 ORS.
         W/O LT. ASHRAB ALI, R/O VILL. HAIDUBI, P.S. BATADRAVA, DIST.
         NAGAON ASSAM, PIN-782122

         2:SANJIDA SULTANA
          D/O LT. ASHRAB ALI
          R/O VILL. HAIDUBI
          P.S. BATADRAVA
          DIST. NAGAON ASSAM
          PIN-782122

         3:JESMINA SULTANA
          D/O LT. ASHRAB ALI
          R/O VILL. HAIDUBI
          P.S. BATADRAVA
          DIST. NAGAON ASSAM
          PIN-782122

         4:MARIN KHATUN
          D/O LT. ASHRAB ALI
          R/O VILL. HAIDUBI
          P.S. BATADRAVA
          DIST. NAGAON ASSAM
          PIN-782122 (RESPONDENT NO .2
         3 AND 4 ARE BEING MINOR REP. BY THEIR MOTHER AS RESPONDENT NO.
         1)
                                                                                  Page No.# 2/3


            5:ZIARUL HOQUE
             S/O MD.ABDUL KASHEM
             R/O VILL. BATAMARI
             P.S. BATADRAVA
             DIST. NAGAON
            ASSAM
             PIN-782122

            6:MOFIDUL HOQUE
             S/O MD. ABDUL ALI
             R/O VILL. BHUMORAGURI
             P.O. HATIZUZUA
             DIST. NAGAON
            ASSAM
             PIN-78212

Advocate for the Petitioner   : MR. S K GOSWAMI

Advocate for the Respondent : MR J C BORAH




                                   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 06.04.2019 passed by the Motor Accidents Claims Tribunal, Nagaon in MAC Case No.89/2016.

The appellant- Insurance Company is represented by Shri E.R. Shah, the Regional Manager. Ms. Sufia Khatun, the claimant No.1 is present in person, who is the mother of the claimant Nos. 2 to 4 (all are minor daughters of the deceased) are present.

The parties present before this Court jointly submit that the matter has been settled outside the Court and an amount of Rs.13,50,000/- as full and final settlement has been agreed. It is submitted that during the pendency of this appeal, an amount of Rs.8,00,000/- has already been paid.

In view of the above, the appeal stands closed with a direction that the Insurance Page No.# 3/3

Company shall now deposit the balance amount of Rs.5,50,000/-, being the full and final settlement before the MACT, Nagaon within a period of 60 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 60 days.

The MAC Appeal stand disposed of.

JUDGE

Comparing Assistant