United India Insurance Co. Ltd vs Amirjan Nessa And 3 Ors
2022 Latest Caselaw 1653 Gua

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GAHC010199532017




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

                           Case No. : MACApp./389/2017

         UNITED INDIA INSURANCE CO. LTD
         HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD,
         CHENNAI 600014 ONE OF THE REGIONAL OFFICES AT G.S. ROAD, DISPUR,
         GUWAHATI 781005 AND ONE OF THE BRANCH OFFICES AT BAGHBAR
         ROAD, METUAKUCHI, OPPOSITE SYNDICATE BANK, BARPETA-781301,
         ASSAM.



         VERSUS

         AMIRJAN NESSA and 3 ORS.
         W/O MAJIBAR RAHMAN, VILL. MOURIGAON, P.O. MANDIA, P.S.
         BAGHBAR, DIST. BARPETA, PIN 781308, ASSAM.

         2:MAJIBAR RAHMAN

          S/O EYAR UDDIN
          VILL. MOURIGAON
          P.O. MANDIA
          P.S. BAGHBAR
          DIST. BARPETA
          PIN 781308
          ASSAM.

         3:MAFIDUL ISLAM

          S/O SAMSUL HAQUE
          VILL. MOURIGAON
          P.O. MANDIA
          P.S. BAGHBAR
          DIST. BARPETA
          PIN 781308
          ASSAM
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             4:SAHED ALI

             S/O SAIJUDDIN
             VILL. PAM DONGRA
             P.S. BAGHBAR
             DIST. BARPETA
             PIN 781308
             ASSAM

Advocate for the Petitioner   : MR.U K DAS

Advocate for the Respondent : MR A HAWARI




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

14.05.2022 This appeal has been filed by the appellant-United India 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 28.06.2013 passed by the learned Member, Motor Accident Claims Tribunal, Barpeta in MAC Case No. 180/2012 whereby an award of Rs. 4,11,000/- was directed to be paid by the Insurance Company to the respondent-claimant.

Shri D Soren, Regional Manager and Shri Chaitanya Sonowal, Administrative Officer, United India Insurance Company Ltd. are present today i.e., 14.05.2022 in the National Lok Adalat. The claimant-Amirjan Nessa is also present along with her learned counsel, Shri J Ahmed.

It is submitted that out of the awarded amount of Rs.4,11,000/-, 50% of the aforesaid awarded amount i.e., Rs.2,05,500/- was deposited by the Insurance Company.

The parties present before this Court jointly submit that they have agreed to Page No.# 3/3

settle the matter with the aforesaid awarded amount without any variation or interest.

In view of the above, the appeal is closed with a direction that the balance amount of Rs.2,05,500/- being the full and final payment shall be deposited by the Insurance Company before the Registry of this Court within a period of 45 days from today.

The respondent-claimant would be at liberty to withdraw the aforesaid 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