Bajaj Allianz General Insurance ... vs Smt Sontora Basumatary And 6 Ors
2022 Latest Caselaw 2973 Gua

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GAHC010233882018




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

                          Case No. : MACApp./252/2022

         BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT GE PLAZA,
         AIRPORT ROAD, YERWADA, PUNE- 411006, MAHARASHTRA AND ITS
         BRANCH OFFICE AT 2ND FLOOR, SREEJI TOWER, ADJACENT TO
         MAHINDRA SHOWROOM, CHRISTIAN BASTI, G.S. ROAD, GUWAHATI-
         781006, REP. BY ITS EXECUTIVE LEGAL OFFICER.



         VERSUS

         SMT SONTORA BASUMATARY AND 6 ORS
         - W/O- LATE TIKEN BASUMATARY, R/O- VILL.- GADESALI, P.S.
         SARTHEBARI, DIST.- BARPETA, PIN- 781307.

         2:MRS. ANAMIKA BASUMATARY

          D/O- LATE TIKEN BASUMATARY

         R/O- VILL.- GADESALI
         P.S. SARTHEBARI
         DIST.- BARPETA
         PIN- 781307. (RES. BEING MINOR
         REP. BY THE RESPONDENT NO. 1.

         3:ON THE DEATH OF SONI PRIYA BASUMATARY HER LEGAL HEIRS
          MOTHER OF LATE TIKEN BASUMATARY

         R/O- VILL.- GADESALI
         P.S. SARTHEBARI
         DIST.- BARPETA
         PIN- 781307.

         3.1:SRI PANIRAM BASUMATARY
                                                           Page No.# 2/4

SON OF LATE SADORAM BASUMATARY
RESIDENCE OF VILLAGE GADESALI
POLICE STATION-SARTHEBARI
DISTRICT- BARPETA
PIN 781307

3.2:SRI SUPEN BASUMATARY
 SON OF LATE SADORAM BASUMATARY
RESIDENCE OF VILLAGE GADESALI
 POLICE STATION -SARTHEBARI
 DISTRICT-BARPETA
 PIN -781307 (RESPONDENT NO 2 BEING MINOR IS REPRESENTED BY THE
RESPONDENT NO 1).

3.3:SRI AMAL BASUMATARY
 SON OF LATE SADORAM BASUMATARY
RESIDENCE OF VILLAGE GADESALI
 POLICE STATION -SARTHEBARI
 DISTRICT-BARPETA
 PIN -781307

4:SRI RAJIB NIRALA
 S/O- GHANASHYAM NIRALA

R/O- AMBARI
P.S. FATASIL AMBARI
GUWAHATI
DIST.- KAMRUP (M)
ASSAM
PIN- 781025. (OWNER OF THE VEHICLE NO. AS-13/C-1539).

5:NEW INDIA ASSURANCE COMPANY LIMITED

REP. BY ITS REGIONAL MANAGER
REGIONAL OFFICE
G.S. ROAD
ABC BUS STOP
GUWAHATI
KAMRUP (M)
PIN- 781005. (INSURER OF THE VEHICLE NO. AS-01/Q-0446).

6:SAMSUL HUDA
 S/O- ABDUL BAREK

R/O- VILL.- DALGAON
P.S. DALGAON
DIST.- DARRANG
ASSAM
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             PIN- 784116. (OWNER OF THE VEHICLE NO. AS-01/Q-0446).

            7:SAID ALI @ SAHIT ALI
             S/O- ABDUL KADER
             R/O- KAMAKHYA GATE
             MALIGAON
             GUWAHATI
             P.S. JALUKBARI
             KAMRUP (M)
             PIN- 781012. (DRIVER OF THE VEHICLE NO. AS-01/Q-0446)

Advocate for the Petitioner   : MR T KALITA

Advocate for the Respondent : MR J HUSSAIN




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

13.08.2022 This is an appeal filed by the appellant- The Bajaj Allianz General Insurance Company Limited (for short Insurance Company) against the judgment and award dated 30.06.2018 passed by the learned Additional District Judge No. 2, Kamrup (M) in MAC Case No.1804/20014.

The Insurance Company is represented by Shri Nayan Choudhury, Senior Executive Officer. Smt. Sontora Basumatary, the claimant 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.7,20,000/- (Rupees Seven Lakh and Twenty Thousand) as full and final settlement, out of which an amount of Rs.4,90,750/- (Rupees Four Lakh Ninety Thousand Seven Hundred and Fifty) has already been deposited in this Registry, which is lying and is yet to be released to the claimants. The Insurance Company is accordingly required to deposit the balance amount of Rs.2,29,750/- (Rupees Two Lakh Twenty Nine Thousand Seven Hundred and Fifty) within a period of 45 days from today before the Registry.

Since it transpires that one of the original claimant, namely, Soni Priya Basumatary, who Page No.# 4/4

was the mother of late Tiken Basumatary, had passed away and has been substituted by her legal heirs consisting of three sons, the aforesaid amount be released in the following manner- Rs.2,40,000/- (Rupees Two Lakh and Forty Thousand) in the name of Smt. Sontora Basumatary, Rs.2,40,000/- (Rupees Two Lakh and Forty Thousand) in the name of Anamika Basumatary and Rs.80,000/- (Rupees Eighty Thousand) each in the names of Amal Basumatary, Paniram Basumatary and Supen Basumatary. The said 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 45 days.

A memo of settlement is made a part of the record.

The MAC Appeal stands disposed of.

JUDGE

Comparing Assistant