Gauhati High Court
United India Insurance Company ... vs Rohila Rabha @ Rati Rabha And Ors on 13 August, 2022
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GAHC010047262022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./241/2022
UNITED INDIA INSURANCE COMPANY LTD.
A PUBLIC SECTOR UNDERTAKING COMPANY, REGISTERED AND
INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS
REGISTERED OFFICE AT 24 WHITES ROAD, CHENNAI 600014 WITH ONE OF
ITS REGIONAL OFFICE AT CHIBBER HOUSE, 2ND FLOOR, GS ROAD,
GUWAHATI 5, REPRESENTED BY ITS REGIONAL MANAGER, GUWAHATI ,
ASSAM
VERSUS
ROHILA RABHA @ RATI RABHA AND ORS.
W./O LATE KASTO RABHA,
RESIDENT OF VILLAGE BAGHORBARI, PO PANJABARI, PS SATGAON, DIST
KAMRUP M GUWAHATI , ASSAM 781037
2:SRI SAMAR SINGH RABHA
S/O LATE KASTO RABHA
RESIDENT OF VILLAGE BAGHORBARI
PO PANJABARI
PS SATGAON
DIST KAMRUP (M) GUWAHATI 781037
3:SMTI DUKHALI RABHA
RESIDENT OF VILLAGE BAGHORBARI
PO PANJABARI
PS SATGAON
DIST KAMRUP (M) GUWAHATI 781037
4:SRI MADHAB RABHA
S/O MOHAN RABHA
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RESIDENT OF VILLAGE THANGURI
PO THANGURI
PS BARAMA
DIST BAKSA
BTAD
ASSAM
781333
5:SRI MANTU TALUKDAR
S/O SRI GIRISH TALUKDAR
RESIDENT OF VILLAGE BARIMAKHA
PO BARIMAKHA
PS BARBARI
DIST BAKSA
BTAD
ASSAM 78133
Advocate for the Petitioner : MR. R C PAUL
Advocate for the Respondent : MR AJIT DAS
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 13-08-2022
The case is taken up in the National Lok Adalat.
` Mr. Pallav Pegu, Administrative Officer appears on behalf of the United India Insurance
Company Ltd./Appellant and Mr. Ajit Das, the learned counsel appears on behalf of the
Claimants.
The Claimant Smt. Rohila Rabha, Sri Samar Singh Rabha and Smt. Dukhali Rabha are
present in person.
The Motor Accident Claims Tribunal No. 1, Kamrup(M) at Guwahati vide the judgment
and award dated 23/12/2021 passed in MAC Case No.2376/2017 whereby an amount of Rs.
9,94,000/- along with interest @7.5 % per annum from the date of filing the claim petition
i.e. 23.11.2017 till payment.
The Insurance Company being aggrieved had preferred the instant appeal before this
Court.
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This Court vide order dated 17/5/2022 had admitted the instant appeal and had
directed to deposit 50% of the awarded amount before the Registry of this Court in
accordance with law.
The authorised representative of the Insurance Company has submitted that an
amount of Rs. 4,97,200/- had already been deposited before the Tribunal below.
The parties have amicably settled the dispute to the effect that Rs. 8,55,000/- shall be
the full and final settlement as regards MAC Case No. 2376/2017.
Accordingly this Court therefore disposes of the instant appeal with the direction to the
Insurance Company to deposit the remaining amount of Rs. 3,57,800/ before the Registry of
this Court within 45 days from today.
The Registry is directed that out of the total amount of Rs. 8,55,000/- the Registry
shall ---
a) Keep Rs. 2 lakhs as fixed deposit in a nationalized bank for a period 3
years in the name of Claimant No.1.
b) keep an amount of Rs. 2 lakhs for a period of 3 years in the name of
claimant No. 2.
c) Release the amount of Rs.2 lakhs to the claimant NO. 3 upon proper
identification.
d) the remaining amount of Rs. 2,50,000/- shall be released to the
claimant No. 1 upon proper identification.
Upon such deposit being made, the Registry of this Court shall refund the statutory
deposit of Rs. 25,000/- to the Insurance Co.
JUDGE
Comparing Assistant
