The Oriental Insurance Company ... vs Sri Jibon Ch. Kalita And Anr
2022 Latest Caselaw 4404 Gua

                                                                          Page No.# 1/2

GAHC010218972017




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

                             Case No. : MACApp./582/2019

           THE ORIENTAL INSURANCE COMPANY LTD
           A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFFICE AT
           GUWAHATI, G.S. ROAD, ULUBARI, GUWAHATI 781007 REPRESENTED BY
           THE ASSTT. MANAGER

           VERSUS

           SRI JIBON CH. KALITA and ANR
           S/O LATE DHIKO KALITA, VILL. SINGORAJAN GAON, P.O. BARUABAMUN
           GAON, P.S. DERGAON, DIST. GOLAGHAT, ASSAM, PIN 785618

           2:MD. AKIKUR RAHMAN
            S/O LATE BOCIRUDDIN RAHMAN
           VILL. MOLIAGAON
            P.O. DHEKIAL
            P.S. DERGAON
            DIST. GOLAGHAT
           ASSAM
            PIN 78562

Advocate for the Petitioner : MS.R D MOZUMDAR
Advocate for the Respondent : MR S N ADHYAPAK (R1)




                                 BEFORE
                HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                      ORDER

12.11.2022 This is an appeal filed by the appellant- the Oriental Insurance Company Limited (for short Insurance Company) against the judgment and award dated 01.12.2016 passed by the Motor Accidents Claims Tribunal, Golaghat in MAC Case No.236/2008.

Page No.# 2/2

2. The appellant- Insurance Company is represented by Shri Sudip Bandhopadhaya, Regional Manager, Shri Rubul Chandra Pathak, Deputy Manager and Shri TP Meeti, Deputy Manager. The claimant is represented by Shri Jibon Ch. Kalita along with their counsel Shri SN Adhyapak.

3. From the side of the Insurance Company, it is submitted that the principal ground of challenge is that the owner-driver did not have a proper driving license. However, considering that the amount awarded is a reasonably small amount, the present litigation is settled at the awarded amount. However since a valid objection was raised in this case, this order will not act as a precedent for any other case in future. The awarded amount was Rs.58,462/- with interest @ 9% per annum from the date of filing. However, parties have come to an agreement for payment of lump sum amount of Rs.1,20,000/- without laying down any precedent.

4. In view of the above, the appeal stands closed with a direction that the Insurance Company shall now deposit the said amount of Rs.1,20,000/- (Rupees One Lakh Twenty Thousand) being the full and final settlement before the MACT, Golaghat within a period of 45 days from today. The said amount would be released to the claimant on being properly identified by the learned counsel for the claimant.

5. 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.

6. A memo of settlement is made a part of the record.

7. The MAC Appeal stands disposed of.

JUDGE

Comparing Assistant