The Oriental Insurance Co. Ltd vs Dulali Begum And 7 Ors
2022 Latest Caselaw 2991 Gua

                                                                   Page No.# 1/4

GAHC010071502022




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

                        Case No. : MACApp./318/2022

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



         VERSUS

         DULALI BEGUM AND 7 ORS.
         W/O LATE SAHJAHAN ALI @ SAJAHAN ALI,
         RESIDENT OF KHAPUNIKUCHI, PO KALITAKUCHI, PS HAJO, DIST
         KAMRUP, ASSAM 781102

         2:MD. MOHIBAR ALI
          S/O LATE SAHJAHAN ALI
         RESIDENT OF KHAPUNIKUCHI
          PO KALITAKUCHI
          PS HAJO
          DIST KAMRUP
         ASSAM 781102
         BEING MINOR
         TO BE REPRESENTED BY RES. NO. 1

         3:MISS SAJIDA BEGUM
          D/O LATE SAHJAHAN ALI
         RESIDENT OF KHAPUNIKUCHI
          PO KALITAKUCHI
          PS HAJO
          DIST KAMRUP
         ASSAM 781102
         BEING MINOR
         TO BE REPRESENTED BY RES. NO. 1

         4:MISS AJIRAN BEGUM
                                   Page No.# 2/4

D/O LATE SAHJAHAN ALI
RESIDENT OF KHAPUNIKUCHI
PO KALITAKUCHI
PS HAJO
DIST KAMRUP
ASSAM 781102
BEING MINOR
TO BE REPRESENTED BY RES. NO. 1

5:MISS MAJIDA BEGUM
 D/O LATE SAHJAHAN ALI
RESIDENT OF KHAPUNIKUCHI
 PO KALITAKUCHI
 PS HAJO
 DIST KAMRUP
ASSAM 781102
BEING MINOR
TO BE REPRESENTED BY RES. NO. 1

6:MISS ABEDA BEGUM
 D/O LATE SAHJAHAN ALI
RESIDENT OF KHAPUNIKUCHI
 PO KALITAKUCHI
 PS HAJO
 DIST KAMRUP
ASSAM 781102
BEING MINOR
TO BE REPRESENTED BY RES. NO. 1

7:MUSSTT. SWABJAN BIBI
W/O LATE DAROG ALI
RESIDENT OF KHAPUNIKUCHI
 PO KALITAKUCHI
 PS HAJO
 DIST KAMRUP
ASSAM 781102

8:SRI PANKAJ KUMAR DAS
 S/O DHARANI DHAR DAS

RESIDENT OF HOUSE NO. 2
BARAK LODGE
NABA MILAN PATH
LAST GATE
DISPUR
GUWAHATI 06
DIST KAMRUP M ASSAM
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            9:MD. RAJAT ALI
             S/O K. ALI
            VILLAGE AND PO BHELLA
             PS AND DIST BARPETA
            ASSAM 78130

Advocate for the Petitioner   : MR. S K GOSWAMI

Advocate for the Respondent :




                                   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. S. Roy, the learned counsel appears on behalf of the Claimants. The Claimants in MAC Case No. 541/2017 as well as the Claimants in MAC Case No. 595/2017 are also present.

The Motor Accident Claims Tribunal No. 1, Kamrup(M) at Guwahati vide the judgment and award dated 14/2/2022 had awarded an amount of Rs.17,65,465/- alongwith interest @ 9% per annum with effect from the date of filing the claim petition.

Being aggrieved by the said award, the Insurance Co. had preferred the instant appeal. This Court while admitting the instant appeal had directed the Insurance Co. to deposit 50% of the awarded amount and accordingly an amount of Rs.8,82,732/- was deposited by the Insurance Company before the Registry of this Court.

The parties have amicably settled the matter and have agreed that a total amount of Rs. 19,60,000/- shall be the full and final settlement in respect to the claim pertaining to MAC Case No. 541/2017 and MAC Case No. 595/2017. It is also agreed that amongst the Claimant Musstt. Shabjan Bibi in MAC Case No. 595/2017 would be entitled to Rs. 2,50,000/- out of Rs. 19,60,000/- and the remaining amount shall be distributed amongst the Claimant in MAC Case No. 541/2017.

In view of the above agreement so reached, the instant appeal stands disposed off Page No.# 4/4

with a direction to the Insurance Co. to deposit an amount of Rs. 10,77,268/- before the Tribunal within 30 days from today.

Upon such deposit being made, the Registry of this Court shall refund the statutory deposit of Rs. 25,000/- to the Insurance Co.

In view of the said agreement amongst the claimants, the Registry is directed to release Rs.2,50,000/- to the claimant in MAC Case No. 595/2017 on proper identification. Out of the amount of Rs. 17,10,000/- 1 lakh which shall be kept in a fixed deposit in the name of each of the claimants. The remaining amount shall be released to the claimants of MAC Case No. 541/2017 by the Registry upon proper identification. As regards the amount to be deposited Rs.10,77,266/- which is required to be deposited on the basis of the instant order. The Tribunal shall deposit Rs. 1 lakh each as fixed deposit in the name of the each of the children of MAC Case No. 541/2017 for a period of 5 years to which the claimants shall be entitled upon maturity. The remaining amount of Rs. 4,77,268/- shall be released in favour of the Claimant No. 1, Mrs. Dulali Begum upon proper identification.

JUDGE

Comparing Assistant