Gauhati High Court
United India Insurance Company ... vs Mrs Padumi Kalita And 2 Ors on 14 May, 2022
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GAHC010064622019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./116/2022
UNITED INDIA INSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE 24, WHITES ROAD, CHENNAI AND
REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI- 781005,
REP. BY REGIONAL MANAGER
VERSUS
MRS PADUMI KALITA AND 2 ORS
W/O- LATE HALADHAR KALITA, R/O- JAYANAGAR, MANDIR PATH, H/NO.
6, GUWAHATI- 781022, KAMRUP, ASSAM
2:ASSISTANT MANAGER
LEGAL ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD.
POLICY NO. TOP1017256000100001 VALID UPTO 12/04/2014. (INSURER OF
THE VEHICLE NO. AS-01/BD-8908).
3:MD. MARAJUL HOQUE
S/O- MD. TARAJUL HOQUE
PERMANENT ADDRESS- MORIMUSLIMGAON
WARD NO. 3
P.O.
P.S. AND DIST.- MORIGAON
ASSAM AND TEMPORARY ADDRESS- C/O- ABHISHEK MOTORS PVT. LTD.
MRD ROAD
SILPUKHURI
GUWAHATI
ASSAM. (OWNER OF THE VEHICLE NO. AS-01-BJ-2346 (INDIGO ECS LX)
Advocate for the Petitioner : MR SISHIR DUTTA
Advocate for the Respondent : MR. M TALUKDAR
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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 17.11.2018 passed by the
learned Member, Motor Accident Claims Tribunal, Morigaon in MAC Case No. 49/2014
whereby an award of Rs. 40,33,310/- 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-Padumi Kalita is also present along with her learned
counsel, Shri M Talukdar.
The parties present before this Court jointly submit that they have agreed to
settle the matter with the aforesaid awarded amount without any variation or interest.
It is submitted that out of the awarded amount of Rs.40,33,310/-, 50% of the
aforesaid awarded amount i.e., Rs.20,16,655/- was deposited by the Insurance
Company which has been withdrawn.
In view of the above, the appeal is closed with a direction that the balance
amount of Rs. 20,16,655/- being the full and final payment shall be deposited by the
Insurance Company before the MACT, Morigaon within a period of 45 days from today.
It is further directed that out of the aforesaid amount of Rs. 20,16,655/-, an amount
of Rs.10,00,000/- be deposited in the Post Office on a Monthly Income Scheme (MIS)
for a period of 5 years or as per the said Scheme. The claimant shall render full
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cooperation for opening of such account.
The respondent-claimant would be at liberty to withdraw the remaining amount
of Rs.10,16,655/- 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
