Gauhati High Court
The Oriental Insurance Company ... vs Yesmin Begum And 5 Ors on 12 November, 2022
Page No.# 1/4
GAHC010030142019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./664/2022
THE ORIENTAL INSURANCE COMPANY LTD
(A CENTRAL GOVT. UNDERTAKING) HAVING ITS REGIONAL OFFICE AT
GUWAHATI, G.S. ROAD, ULUBARI, GUWAHATI, REP. BY THE ASSISTANT
MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI- 781007.
VERSUS
YESMIN BEGUM AND 5 ORS
W/O- LATE MONIR ALI, R/O- MALIGAON, SHUTTLE GATE, P.O. MALIGAON,
P.S. JALUKBARI, DIST.- KAMRTUP(M), ASSAM, PIN- 781011.
2:MOHIMA BEGUM
D/O- LATE MONIR ALI
R/O- MALIGAON
SHUTTLE GATE
P.O. MALIGAON
P.S. JALUKBARI
DIST.- KAMRTUP(M)
ASSAM
PIN- 781011.
3:ROHIT ALI
S/O- LATE MONIR ALI
R/O- MALIGAON
SHUTTLE GATE
P.O. MALIGAON
P.S. JALUKBARI
DIST.- KAMRTUP(M)
ASSAM
PIN- 781011.
4:MONOWARA BEGUM
Page No.# 2/4
M/O- LATE MONIR ALI
R/O- MALIGAON
SHUTTLE GATE
P.O. MALIGAON
P.S. JALUKBARI
DIST.- KAMRTUP(M)
ASSAM
PIN- 781011.
5:TAIMUDDIN ALI
F/O- LATE MONIR ALI
R/O- MALIGAON
SHUTTLE GATE
P.O. MALIGAON
P.S. JALUKBARI
DIST.- KAMRTUP(M)
ASSAM
PIN- 781011. (SL. NO. 2 TO 5 ARE REP. BY THE OPP. PARTY NO. 1).
6:JAGJEET SINGH
S/O- KIRPAL SINGH
R/O- H/NO. 23
WARD NO. 14
BHAGWATI NAGAR
JAMMU
P.O. CHATHA FARM
JAMMU AND KASHMIR
PIN- 180009
Advocate for the Petitioner : MS. R D MOZUMDAR
Advocate for the Respondent : MR. A S CHOUDHURY
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
Page No.# 3/4
26.07.2018 passed by the learned Member, Motor Accidents Claims Tribunal No. 3,
Kamrup (M), Guwahati in M.A.C. Case No. 1841/2016.
The appellant-Insurance Company is represented by Shri Sudip Bandhopadhaya,
Regional Manager, Shri Rubul Chandra Pathak, Deputy Manager and Shri T.P. Meetei,
Deputy Manager.
The Claimant Nos. 1, 4 & 5 are present and Claimant Nos. 2 & 3 are the minor
daughter and son represented by the Claimant No. 1.
The parties present before this Court jointly submit that the matter has been
settled outside the Court and an amount Rs.18,00,000/- (Rupees Eighteen Lakhs) as
full and final settlement has been agreed upon.
In view of the above, the appeal stands closed with a direction that the
Insurance Company shall deposit the amount of Rs.18,00,000/- (Rupees Eighteen
Lakhs) being the full and final settlement before the Registry of this Court within a
period of 45 days from today and the Registry is directed to release the amount in the
following manner:
1. Rs. 7,00,000/- (Rupees Seven Lakhs) in the name of the Claimant No. 1.
2. Rs. 2,50,000/- (Rupees Two Lakh Fifty Thousand) each in the names of the
claimant nos. 4 & 5 and the rest of the amount be divided into fixed deposit of Rs.
3,00,000/- (Rupees Three Lakhs) each in the names of the Claimant nos. 2 & 3
represented by their mother, i.e., claimant no. 1 for a period of 3 years in any
Nationalised Bank or Post Office.
The claimants would be at liberty to withdraw the amount on being properly
identified by their 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.
Page No.# 4/4
A memo of settlement is made a part of the record.
The MAC Appeal stands disposed of.
JUDGE
Comparing Assistant
