The Oriental Insurance Co. Ltd vs Srimati Pranita Gogoi And 7 Ors
2021 Latest Caselaw 2185 Gua

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GAHC010004332017




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

                         Case No. : MACApp./60/2018

         THE ORIENTAL INSURANCE CO. LTD.
         A CENTAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT
         GUWAHATI, ULUBARI, GUWAHATI 781007 REPRESENTED BY THE DEPUTY
         MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI-781007

         VERSUS

         SRIMATI PRANITA GOGOI and 7 ORS
         ALL ARE R/O VILL. NA-PAM KHANIKAR GAON, CHARING, P.S.
         GAURISAGAR, DIST. SIVASAGAR, ASSAM, PIN 785680

         2:RIMJHIM GOGOI
         ALL ARE R/O VILL. NA-PAM KHANIKAR GAON
          CHARING
          P.S. GAURISAGAR
          DIST. SIVASAGAR
         ASSAM
          PIN 785680

         3:SIKHAMONI GOGOI
         ALL ARE R/O VILL. NA-PAM KHANIKAR GAON
          CHARING
          P.S. GAURISAGAR
          DIST. SIVASAGAR
         ASSAM
          PIN 785680

         4:DIPANKAR GOGOI
          RESPONDENT NO. 2
         3 AND 4 REPRESENTED BY THEIR MOTHER BEING MINORS.
         ALL ARE R/O VILL. NA-PAM KHANIKAR GAON
          CHARING
          P.S. GAURISAGAR
          DIST. SIVASAGAR
         ASSAM
                                                                                 Page No.# 2/3

             PIN 785680

           5:SRIMATI PUNYA GOGOI
           ALL ARE R/O VILL. NA-PAM KHANIKAR GAON
            CHARING
            P.S. GAURISAGAR
            DIST. SIVASAGAR
           ASSAM
            PIN 785680

           6:SARBESWAR GOGOI
           ALL ARE R/O VILL. NA-PAM KHANIKAR GAON
            CHARING
            P.S. GAURISAGAR
            DIST. SIVASAGAR
           ASSAM
            PIN 785680

           7:SRIMANTA BHUYAN
           VILL. BHALIMARI
            SIBASTHAN
            P.S. ULUANI
            DIST. NAGAON
           ASSAM
            PIN 782140 (OWNER)

           8:DHRUBA JYOTI BARUAH
            R/O VILL. BORMA
            P.S. RUPAHIHAT
            DIST. NAGAON
           ASSAM
            PIN 782140 (DRIVER

Advocate for the Petitioner : MS. R D MOZUMDAR
Advocate for the Respondent :




                                  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 27.07.2017 passed by the Motor Accidents Claims Tribunal No.3, Kamrup (M) in MAC Case No.1109/2013.

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The appellant- Insurance Company is represented by Shri E.R. Shah, the Regional Manager. The claimants, Ms. Pranita Gogoi is present in person.

The parties present before this Court jointly submit that the matter has been settled outside the Court and an amount of Rs.40,00,000/- as full and final settlement has been agreed. It is submitted that during the pendency of this appeal, an amount of Rs.22,83,706/- 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.17,16,294/-, 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.

The claimant has also submitted a sheet of the settlement containing the signatures of the claimant Nos. 5 & 6, who are the mother and father of the deceased late Abhijeet Gogoi, which is made a part of the record.

The MAC Appeal stands disposed of.

JUDGE

Comparing Assistant