Gauhati High Court
United India Insurance Co Ltd vs Smt Punya Lata Phukan And 3 Ors on 13 August, 2022
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GAHC010038802017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./447/2017
UNITED INDIA INSURANCE CO LTD
HAVING ITS REGD. OFFICE AT 24 WHITES ROAD, CHENNAI AND ONE OF
THE REGIONAL OFFICES AT G.S. ROAD, DISPUR, GUWAHATI
VERSUS
SMT PUNYA LATA PHUKAN and 3 ORS
W/O LATE LAKSHMI KT. PHUKAN @ LAKHI KT. PHUKAN
2:RAMA RANJIT PHUKAN
S/O LATE LAKSHMI KT. PHUKAN @ LAKHI KT. PHUKAN
NO. 1 and 2 ARE PERMANENT R/O HABICHUK
CHUKAFA NAGAR
NA ALI
P.S. and DIST. JORHAT
TEMPORARY ADDRESS C/O PRAFULLA THAKURIA
SIX MILE
JAYA NAGAR
GUWAHATI
P.S. DISPUR
DIST. KAMRUP
ASSAM.
3:SAMSHER SINGH
S/O AMARJIT SINGH
R/O RUPNAGAR
P.S. and DIST. JORHAT
ASSAM.
4:KHOGEN GOGOI
S/O LATE LUKESWAR GOGOI
R/O VILL. KORANGAJONIA GAON
P.S. and DIST. JORHAT
ASSAM
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Advocate for the Petitioner : MS.L SHARMA
Advocate for the Respondent : MS.P BHATTACHARJEE
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
13.08.2022
The case is taken up in the National Lok Adalat.
Heard Mr. Pallav Pegu, the Administrative Officer of the United India
Insurance Co. Ltd. and Mr. A Khan, the learned counsel appearing on behalf of
the claimants/respondents. Also heard Mr. R. R. Phukan, the claimant who
appears in person.
The Member, Motor Accident Claims Tribunal No.1, Kamrup at Guwahati
vide the judgement and order dated 29.03.2016 passed in MAC Case
No.1505/2011 awarded an amount of Rs.43,93,000/- inclusive of NFL along with
interest @ 6% per annum from the date of filing of the claim petition, i.e.
26.08.2011 till realisation.
It was also directed that an amount of Rs.10,00,000/- shall be kept in
fixed deposit in the name of the wife of the deceased for three years.
The instant appeal was filed by the United India Insurance Co. Ltd. challenging
the said judgment and order dated 29.03.2016 and this Court vide the order
dated 20.09.2017, passed in I.A.(C) No.3041/2017, directed the Insurance
Company to deposit 50% of the awarded amount before the Registry of this
Court within six weeks from 20.09.2017.
Pursuant to the said order, an amount of Rs.21,96,500/- was deposited by
the Insurance Company.
At this stage, it is relevant to take note of that in the order dated
20.09.2017, there was a direction by this Court to the Registry to keep a sum of
Rs.6,00,000/- each in a fixed deposit account in the nationalised bank in the
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name of the opposite party Nos.1 & 2 and the balance amount may be
permitted to be withdrawn by the opposite party Nos.1 & 2 on being duly
identified by Ms. P. Bhattacharjee, the learned counsel for the opposite party
Nos.1 & 2.
It has been stated by the learned counsel appearing on behalf of the
claimants that the claimants had already withdrawn the amount as directed by
this Court vide the order dated 20.09.2017 and the fixed deposit so made as per
the direction of the Court has also matured and the claimants have received the
said amount.
The parties have agreed that apart from the initial deposit of 50%, an
additional amount of Rs.31,00,000/- if is paid, the matter would be amicably
settled. The claimants who are represented by their learned counsel informed
this Court that the claimant No.1, i.e. the mother has already expired and the
claimant No.2 is the only surviving claimant.
Considering the above, this Court directs the Insurance Company to
deposit the remaining amount of Rs.31,00,000/- before the Member, Motor
Accident Claims Tribunal No.1, Kamrup at Guwahati within 30 days from today.
The Tribunal is further directed to permit the claimant R. R. Phukan to
withdraw the said amount upon appropriate application being filed therein.
The Registry is directed to release the amount of statutory deposit of
Rs.25,000/- to the Insurance Company upon evidence being produced as
regards the deposit of Rs.31,00,000/- before the Tribunal below.
Appeal stands disposed of.
Send back the LCR.
JUDGE
Comparing Assistant
