Gauhati High Court
United India Insurance Co. Ltd vs Faraj Ali And 2 Ors on 13 August, 2022
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GAHC010205312016
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/608/2016
UNITED INDIA INSURANCE CO. LTD
A PUBLIC SECTOR UNDERTAKING, HAVING ITS REGISTERED OFFICE AT
CHENNAI, REPRESENTED BY ITS REGIONAL OFFICE AT G.S. ROAD,
GUWAHATI, ASSAM-781007
VERSUS
FARAJ ALI and 2 ORS
S/O MD. OSMAN ALI, R/O LALMATI LAKHI NAGAR, P.S. BASISTHA,
GUWAHATI, REPRESENTED BY HIS MOTHER RONGFUL KHATUN
2:BASANTA DAS
S/O LATE ANIL CH. DAS
R/O H. NO. 34
TETELIA
P.S. JALUKBARI
GUWAHATI
ASSAM.
3:RAMEN KEWAT
S/O SAFARJIT KESWAT
R/O RAGBHUMAJI
H. NO. 1
LALMATI
P.S. BASISTHA
GUWAHATI
ASSAM
Advocate for the Petitioner : MR. S S SHARMA
Advocate for the Respondent : MR. N C DAS (R2)
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Linked Case :
UNITED INDIA INSURANCE COMPANY LIMITED
VERSUS
FARAJ ALI and 2 ORS
------------
Advocate for : MR.S S SHARMA
Advocate for : appearing for FARAJ ALI and 2 ORS
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
D13.08.2022
The case is taken up in the National Lok Adalat.
Heard Mr. Pallav Pegu, the Administrative Officer of United India
Insurance Co. Ltd. and Mr. Sanjay Singh, the learned counsel appearing on
behalf of the claimant/respondent.
The claimant is also present before this Court.
Vide the judgment and order dated 30.03.2015 passed by the Member,
Motor Accident Claims Tribunal No.2, Kamrup at Guwahati in MAC Case
No.1361/2021 awarded a sum of Rs.24,91,450/- along with interest @ 6% per
annum from the date of filing of the claim petition.
The parties have amicably settled the matter at an amount of
Rs.24,00,000/-.
Considering the above, the instant proceedings stands disposed of on
such amicable settlement thereby directing the United India Insurance Co. Ltd.
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to deposit the amount of Rs.24,00,000/- before the Member, Motor Accident
Claims Tribunal No.2, Kamrup at Guwahati within a period of 30 (thirty) days
from today.
The Tribunal is further directed to release an amount of Rs.10,00,000/- to
the claimants on proper identification by the lawyer and the remaining
Rs.14,00,000/- shall be kept in the fixed deposit in the name of Rangful Nessa
@ Rongful Khatun in a nationalised bank located near the residence of the
claimant. The said amount shall not be allowed to be withdrawn.
The interest accrued on the said fixed deposit shall directly go to the
account of the mother of the minor child, i.e. Rangful Nessa @ Rongful Khatun.
However, on account of certain needs, the mother of the claimant, i.e. Rangful
Nessa @ Rongful Khatun and would be at liberty to file appropriate application
before the Tribunal thereby permitting them to withdraw part or the entire
amount lying in the fixed deposit.
The Registry is directed to release the statutory deposit amount of
Rs.25,000/- deposited by the Insurance Company after furnishing proof that the
amount has been duly deposited by the Insurance Company.
Mr. Sanjay Singh, the learned counsel appearing on behalf of the
respondents submitted an affidavit showing that the mother of the child, i.e.
Rongful Khatun is the same person as Rangful Nessa and the said affidavit is
kept as a part of the record marked with the letter 'X'.
JUDGE
Comparing Assistant
