National Insurance Co. Ltd vs Smt. Dipamoni Devi And 4 Ors
2022 Latest Caselaw 4405 Gua

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GAHC010137322015




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

                        Case No. : MACApp./448/2018

         NATIONAL INSURANCE CO. LTD.
         A GOVT. OF INDIA UNDERTAKING CO., HAVING ITS REGISTERED OFFICE
         AT NO. 3 MIDDLETON STREET, KOLKATA AND ONE OF THE REGIONAL
         OFFICE SITUATED AT G.S. ROAD, BHANGAGARH, GHY- 5.



         VERSUS

         SMT. DIPAMONI DEVI and 4 ORS,
         TILIKI AAM, BAMUN GAON, PS-PULIBAR, DIST-JORHAT, ASSAM

         2:DUSHYANTA MADHAB SHARMA
         TILIKI AAM
          BAMUN GAON
          PS-PULIBAR
          DIST-JORHAT
         ASSAM

         3:SIBASREE SHARMA
         TILIKI AAM
          BAMUN GAON
          PS-PULIBAR
          DIST-JORHAT
         ASSAM

         4:KHIROD CH. SHARMA
          NAMGAON
          PO-BORBHAGIA
          PS-ULUONI
          DIST-NAGAON
         ASSAM

         5:DILIP HAZARIKA
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             NAMGAON
             PO-BORBHAGIA
             PS-ULUONI
             DIST-NAGAON
             ASSA

Advocate for the Petitioner   : MR. B K PURKAYASTHA

Advocate for the Respondent : MR. U J SAIKIA (r-1)




                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                          ORDER

12.11.2022

This is an appeal filed by the appellant against the Judgment and Award dated 19.03.2015, passed by the learned Member, MACT, Kamrup, in M.A.C. Case No. 2300/2012.

The appellant is represented by Mr. B.K. Purkayastha.

The claimant is present in person.

The parties have mutually come to a settlement of full and final amount of Rs. 27,00,000/- (Rupees Twenty-Seven Lakhs) out of which Rs. 13,32,260/- (Rupees Thirteen Lakhs Thirty-Two Thousand and Two Hundred Sixty) was earlier deposited before the Registry of this Court. The Insurance Company is accordingly required to deposit the balance amount of Rs. 13, 67,740/- (Rupees Thirteen Lakhs Sixty-Seven Thousand and Seven Hundred Forty) within a period of 45 days from today before the Registry of this Court.

The claimant has not withdrawn the 50 % of the total amount earlier deposited by the Insurance Company. The claimant may withdraw the entire amount from the Registry.

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The said amount would be released to the claimant on being properly identified by the learned counsel for the claimant.

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

The MAC appeal stands disposed of.

JUDGE

Comparing Assistant