Sbi General Insurance Company Ltd vs Mahar Uddin And 3 Ors
2022 Latest Caselaw 2993 Gua

                                                                      Page No.# 1/3

GAHC010110952020




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

                          Case No. : MACApp./198/2020

         SBI GENERAL INSURANCE COMPANY LTD
         JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA
         ROAD, ANDHERI (EAST), MUMBAI 400069 AND REGIONAL OFFICE AT 4TH
         FLOOR B BLOCK, APEEJAY HOUSE 15 PARK STREET, KOLKATA 7000016
         AND BRANCH OFFICE AT 2ND FLOOR, LAKSHMI DARSHAN, OPPOSITE
         BORA SERVICE STATION, G.S. ROAD, GUWAHATI 781076



         VERSUS

         MAHAR UDDIN AND 3 ORS
         S/O FAZAR ALI, R/O VILL. BHELTERGHAT, P.S. KRISHNAI, DIST.
         GOALPARA, ASSAM, PIN 783126

         2:RASHIDA BIBI
         W/O MAHAR UDDIN
          R/O VILL. BHELTERGHAT
          P.S. KRISHNAI
          DIST. GOALPARA
         ASSAM
          PIN 783126

         3:M/S CHAMPION LOGISTIC
         THAKURIA COMPLEX
          1ST FLOOR
          BIDAMANDIR PATH
          BELTOLA
          DIST. KAMRUP (M)
         ASSAM
          PIN 781028

         4:MD. MANSUR ALAM
          S/O RAMJAN ALI
                                                                                     Page No.# 2/3

             R/O VILL. CHAPAGURI
             P.O. DHALIGAON
             BENGTOL
             DIST. CHIRANG
             ASSAM
             PIN 78338

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent : MR. DITUL DAS (r-1,2)




                                    BEFORE
                     HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                            ORDER

Date : 13.08.2022

The case is taken up in the National Lok Adalat.

Mr. R. Goswami, the learned counsel appears on behalf of the Insurance Company/Appellant and Mr. D. Das, the learned counsel appearing on behalf of the Claimants.

The Motor Accident Claims Tribunal, Goalpara vide the judgment and award dated 17/2/2020 in MAC Case 274/2018 had awarded an amount of Rs.12,79,600/- alongwith interest @ 9% per annum from the date of filing the claim petition till payment.

Being aggrieved by the said award the Insurance Co. had preferred the instant appeal.

This Court vide order dated 21/1/2021 had admitted the instant appeal and directed the Insurance Company to deposit 50% of the awarded amount before the Registry of this Court within four weeks. Accordingly, an amount of Rs. 7,73,106/- had already been deposited before the Registry of this Court. The said amount is still lying with the Registry.

The parties have amicably settled with the total compensation of Rs.10,00,000/- in respect to the claim pertaining to MAC Case No.274/2018.

Under such circumstances, the instant appeal stands disposed off directing the Insurance Company to deposit the remaining amount of Rs.2,26,894/- before the Registry of this Court within a period of 30 days from today. Upon such deposit being made, the Registry Page No.# 3/3

of this Court shall refund the statutory deposit of Rs. 25,000/- to the Insurance Co.

The claimants shall be at liberty to withdraw the said amount by filing appropriate application before the Registry of this Court.

Return the LCR forthwith.

JUDGE

Comparing Assistant