National Insurance Co. Ltd vs Pradip Kr. Sarma And 4 Ors
2022 Latest Caselaw 1643 Gua

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GAHC010237182017




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

                        Case No. : MACApp./275/2017

         NATIONAL INSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET, KOLKATA AND
         ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL
         OFFICE, G.S. ROAD, BHANGAGARH, GUWAHATI-5, KAMRUP



         VERSUS

         PRADIP KR. SARMA and 4 ORS.
         S/O LATE ASHWANI KUMAR SARMA

         2:SMT. ADITI SHARMA

          D/O LATE ASHWINI KUMAR SARMA

         3:SMT. PALLAVI SARMA

          D/O LATE ASHWINI KUMAR SARMA
          ALL ARE THE RESIDENT OF TARUN NAGAR
          GLORY APARTMENTS
          FLAT NO. 5 C-2
          P.S. DISPUR
          GUWAHATI
          DIST. KAMRUP
          ASSAM.

         4:SMT. NEELAM SHARMA

          S/O LATE ASHWINI KUMAR SARMA
          R/O TARUN NAGAR
          GLORY APARTMENTS
          P.S. DISPUR
          GUWAHATI
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             DIST. KAMRUP ASSAM

             5:SRI BISWAJIT KAKOTI

             S/O LATE DHUTI RAM KAKOTI
             R/O TARUN NAGAR
             P.S. DISPUR
             GUWAHATI
             DIST. KAMRUP ASSA

Advocate for the Petitioner   : MR.R K BHATRA

Advocate for the Respondent : MR.U BARUAH




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

14.05.2022 This appeal has been filed by the appellant-National Insurance Company Ltd. (for short referred to as the Insurance Company) under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 01.03.2013 passed by the learned Member, Motor Accident Claims Tribunal (MACT) No.2, Kamrup in MAC Case No.592/2009 whereby an award of Rs.21,27,166/- was directed to be paid by the Insurance Company to the respondent-claimant.

Shri Debajit Sarkar, Assistant Manager and Shri Biswa Jyoti Bora, Administrative Officer, Legal, National Insurance Company Ltd. are present today i.e., 14.05.2022 in the National Lok Adalat. The claimant-Shri Pradip Kr. Sarma is also present along with his learned counsel, Shri D Mondal.

It is submitted that out of the aforesaid awarded amount, 50% thereof amounting to Rs.10,63,583/- has already been deposited.

The parties present before this Court jointly submit that they have agreed to settle the matter at an amount of Rs.23,27,166/- as full and final settlement after Page No.# 3/3

adjustment of the aforesaid 50% amount.

Accordingly and after making the calculation, the payable balance amount is Rs.12,63,583/- which would be full and final amount for settlement.

In view of the above, the instant appeal is closed with a direction that the Insurance Company shall deposit the balance amount of Rs.12,63,583/- being the full and final settlement before the Registry of this Court within a period of 45 days from today.

It appears from the aforesaid award dated 01.03.2013 that an amount of Rs. 5,00,000/- each was directed to be deposited in the names of the claimant nos.1, 2 and 3 in any nationalized bank for five years. The period of five years being over, it is made clear that there is no further direction for redeposit the same and the respondent-claimant would be at liberty to withdraw the amount on being properly identified by her learned Counsel.

The statutory deposit of Rs.25,000/- made by the Insurance Company at the time of filing of the appeal would be refunded by the Registry of this Court to the Insurance Company within the said period of 45 days.

In view of the above, the motor accident claim appeal stands disposed of.

JUDGE

Comparing Assistant