Sri Jitumoni Borah vs The Icici Lombard General ...
2022 Latest Caselaw 4281 Gua

                                                                                         Page No.# 1/2

GAHC010211212022




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

                                  Case No. : I.A.(Civil)/3130/2022

             SRI JITUMONI BORAH
             S/O LATE TARUN CH. BORAH, R/O VILL. and P.O. BIRAHIGAON, P.S. and
             DIST. NAGAON, ASSAM.



             VERSUS

             THE ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED,
             HAVING ITS REGISTERED AND HEAD OFFICE AT ICICI BANK TOWERS,
             BANDRA KURLA COMPLEX, MUMBAI-400051 AND ONE OF THE
             REGIONAL OFFICE AT APEEJAY HOUSE, PARK STREET, KOLKATA-700016
             AND ONE OF THE BRANCH AT M.S.S. PATH (G.S. ROAD), CHRISTIANBASTI,
             GUWAHATI-781005, ASSAM



Advocate for the Petitioner    : MR.P SUNDI

Advocate for the Respondent :




                                   BEFORE
                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                              ORDER

Date : 04-11-2022

Heard Mr. P. Sundi, learned counsel for the appellant/ Claimant. Also heard Mr. A.J. Saikia, the learned counsel appearing for the respondent Insurance Company. Both the parties have submitted that they have mutually settled the award of compensation passed in favour of the appellant in MAC Appeal No. 263/2016 wherein the appellant has prayed for Page No.# 2/2

enhancement of the compensation awarded by the learned Member, MACT, Nagaon in MAC Case No. 744/2011.

After hearing both the parties and considering the judgment and award dated 08.06.2016, the learned Member MACT, Nagaon awarded compensation of Rs. 65,000/- with an interest at the rate of Rs. 7% per annum from the date of passing judgment. Subsequently, on compromise the matter has been settled between the parties and accordingly both the parties has executed a deed of agreement. In the agreement they have stated that both the parties have settled the matter at Rs. 1 lakh 34 thousand payable to the complainant / appellant in addition to Rs. 66,000/-. As per award of the Tribunal Rs. 66,000/- which has already been paid by the Insurance company to the appellant/ claimant. It has also been agreed between the parties that the said amount of Rs. 1,34,000/- will be deposited by the Insurance Company within a period of 6 weeks before the Registry of this Court.

Accordingly, the prayer stands allowed. Liberty is given to the appellant/ claimant to withdraw Rs. 1,34,000/- (Rupees one lakh thirty four thousand only) on being identified by the learned counsel for the appellant/ claimant.

The I.A.(C) is disposed of.

JUDGE

Comparing Assistant