The Oriental Insurance Co. Ltd vs Monoj Chouhan And 2 Ors
2022 Latest Caselaw 4420 Gua

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GAHC010148082022




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

                                Case No. : MACApp./439/2022

            THE ORIENTAL INSURANCE CO. LTD.
            A COMPANY REGISTERED UNDER THE COMPANIES ACT, REPRESENTED
            BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI 7, DIST KAMRUP M
            ASSAM



            VERSUS

            MONOJ CHOUHAN AND 2 ORS.
            S/O LATE JHUNU LAL CHOUHAN,
            RESIDENT OF VILLAGE DOLAIGAON NEAR PANCHAYAT OFFICE, PS AND
            DIST BONGAIGAON, ASSAM

            2:AKBAR ALI
             S/O LATE NIYAMAT ALI

            RESIDENT OF VILLAGE DOLAIGAON (UJANPARA) PO
            PS AND DIST BONGAIGOAN
            ASSAM

            3:MR. ANISUL HOQUE
             S/O GOLAP UDDIN HUSSAIN
            RESIDENT OF VILLAGE DOLAIGAON (UJANPARA) PO
             PS AND DIST BONGAIGOAN
            ASSA

Advocate for the Petitioner   : MR. S K GOSWAMI

Advocate for the Respondent : MR. M KHAN




                                         BEFORE
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                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 25.04.2022 passed by the Motor Accidents Claims Tribunal, Bongaigaon in MAC Case No.120/2018.

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 Monoj Chouhan along with his counsel, Shri M. Khan.

3. The parties present before this Court jointly submit that the matter has been settled outside the Court and an amount of Rs.13,00,000/- (Rupees Thirteen Lakhs) as full and final settlement has been agreed upon over and above the awarded amount. Out of the said amount, Rs. 5,96,676/- (Rupees Five Lakhs Ninety Six Thousand Six Hundred and Seventy Six) have already been paid and therefore the balance amount of Rs.7,03,324/- (Rupees Seven Lakhs Three Thousand Three Hundred and Twenty Four) is directed to be deposited before the Registry of this Court within a period of 45 days from today. Since, it is informed that the earlier deposited amount is yet to be released, both the amounts may be released to the claimant. While doing so, an amount of Rs.8,00,000/- (Rupees Eight Lakhs) be released to the claimant and thereafter, balance amount of Rs.5,00,000/- (Rupees Five Lakhs) be made in Fixed Deposit in the name of the claimant in any nationalized Bank or Post Office for a period of 3(three) years. The said amount would be released to the claimant on being properly identified by the learned counsel for the claimant.

4. 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.

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

6. The MAC Appeal stands disposed of.

JUDGE

Comparing Assistant