The Oriental Insurance Co Ltd vs Sri Nitumoni Hazarika And 3 Ors
2022 Latest Caselaw 2988 Gua

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GAHC010242682017




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

                                Case No. : MACApp./518/2017

            THE ORIENTAL INSURANCE CO LTD
            A CO. REGISTERED UNDER THE COMPANIES ACT 1956 REPRESENTED BY
            ITS REGIONAL MANAGER, ULUBARI, GUWAHATI-7, DIST. KAMRUP,
            ASSAM.



            VERSUS

            SRI NITUMONI HAZARIKA and 3 ORS
            S/O SRI SIMANTA HAZARIKA, JORHAT 785008

            2:SIMANTA HAZARIKA
             S/O SRI UPEN CH. HAZARIKA
             R/O RUPNAGAR CHINNAMORA
             P.S. and DIST. JORHAT 785008

            3:PRAKASH BARUAH

             S/O LATE G.P. UAH
             CLUB ROAD
             JORHAT 785001

            4:MANIK GOGOI
             S/O UMA KANTA GOGOI
             R/O HATICHUNGI KUMARGAON
             P.S. and DIST. JORHAT
            ASSAM 78563

Advocate for the Petitioner   : MR. S K GOSWAMI

Advocate for the Respondent : MS. P BHATTACHARYA (R2)
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                               BEFORE
                HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                      ORDER

13.08.2022

The case is taken up in the National Lok Adalat.

Heard S. Bandopadhyay, the Regional Manager of the Oriental Insurance Co. Ltd. and Mr. S. Singh, the learned counsel for the claimants/respondents.

Mr. Simanta Hazarika, the claimant No.2 appears in person. The Member, Motor Accident Claims Tribunal No.2, Kamrup at Guwahati vide the judgement and award dated 16.03.2017 passed in MAC Case No.711/2010 awarded an amount of Rs.17,33,600/- along with interest @ 6% per annum from the date of filing of the claim application.

It was further mentioned that out of the said amount, 30% shall be invested in long term fixed deposit for three years in a nationalised bank of the locality of the claimants and the bank shall not permit any loan or advance on the said deposit. Further to that, the bank shall also not allow any premature withdrawal of the fixed deposit without the prior permission of the Tribunal.

Aggrieved by the said judgment and order, the Insurance Company has preferred the instant appeal and this Court while admitting the instant appeal stayed the judgment and award dated 16.03.2017 subject to deposit of Rs.7,00,000/- before the Registry of this Court. In pursuance to the said order, the amount of Rs.7,00,000/- was deposited before the Registry of this Court and the claimants have already withdrawn the said amount.

The parties have amicably settled the matter at Rs.19,00,000/- as the total compensation inclusive of interest.

In view of the above, the instant appeal stands disposed of with the direction to the Insurance Company to deposit the remaining amount of Rs.12,00,000/- before the Registry of this Court within 30 days from today.

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Upon such deposit, the said amount be released to the claimants upon appropriate application being filed.

The Registry is directed to release the amount of statutory deposit of Rs.25,000/- to the Insurance Company after the deposit of Rs.12,00,000/-.

Send back the LCR.

JUDGE

Comparing Assistant