Oriental Insurance Company ... vs Sri Sandeep Rajbongshi And 2 Ors
2022 Latest Caselaw 2990 Gua

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GAHC010275152019




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

                                Case No. : MACApp./671/2019

            ORIENTAL INSURANCE COMPANY LIMITED
            HAVING ITS REGIONAL OFFICE AT GUWAHATI, ULUBARI, GUWAHATI-
            781007, REPRESENTED BY THE DEPUTY MANAGER, GAUHATI REGIONAL
            OFFICE, ULUBARI, GUWAHATI-781007



            VERSUS

            SRI SANDEEP RAJBONGSHI AND 2 ORS
            S/O SRI GOPI NATH RAJBONGSHI, R/O COLLEGE ROAD, KSHETRY, P.O.
            AND P.S. SONAPUR, DIST. KAMRUP, ASSAM, PIN 782402

            2:SRI SUNIL RAHANG
             S/O SRI HAIDHOR RAHANG
             R/O UPPER TEPESIA
             P.O. AND P.S. SONAPUR
             DIST. KAMRUP
            ASSAM
             PIN 782402

            3:SRI AJIT RAHANG
             S/O SRI AKHIL RAHANG
             R/O VILLAGE SAGALIGAON
             P.O. TEPESIA
             P.S. KHETRI
             DIST. KAMRUP
            ASSAM
             PIN 78240

Advocate for the Petitioner   : MS. R D MOZUMDAR

Advocate for the Respondent : A G CHOUDHURY
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                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                           ORDER

Date : 13.08.2022

The case is taken up in the National Lok Adalat.

Mr. S. Bandopadhya, Regional Manager appears on behalf of the Oriental Insurance Company/Appellant. Mr. A.G. Choudhury, the learned counsel appears on behalf of the Claimants and the Claimant Sandeep Rajbongshi appear in person before this Court.

The Motor Accident Claims Tribunal No. 1, Kamrup(M) at Guwahati vide the judgment and award dated 21/8/2019 in MAC Case 2761/2016 had awarded an amount of Rs.3,74,500/- alongwith interest @ 7.5% per annum from the date of filing the claim petition i.e. 29/11/2016 till payment.

Being aggrieved by the said award, the Insurance Co. had preferred the instant appeal. This Court vide order dated 16/12/2019 had admitted the instant appeal. The parties have amicably settled the matter and have agreed that an amount of Rs. 4 lakhs shall be the total compensation in respect to the claim pertaining to MAC Case No. 2761/2016.

In view of the settlement, the instant appeal stands disposed of with a direction to the Insurance Co. / Appellant to deposit the said amount of Rs. 4 lakhs before the Tribunal below within 30 days from today. The Claimant shall be at liberty to withdraw the said amount upon filing of appropriate application before the Tribunal below. Upon such deposit being made, the Registry of this Court shall refund the statutory deposit of Rs. 25,000/- to the Insurance Co.

Return the LCR forthwith.

JUDGE

Comparing Assistant