Gauhati High Court
The Oriental Insurance Co. Ltd vs Sri Sujit Kr. Tiwari And 2 Ors on 12 November, 2022
Page No.# 1/4
GAHC010011332019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./65/2019
THE ORIENTAL INSURANCE CO. LTD
A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956,
REPRESENTED BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI 7
VERSUS
SRI SUJIT KR. TIWARI AND 2 ORS
S/O SRI RADHA KRISHNA TIWARI.
MALIGAON CHARAILI,NEAR OVER BRIDGE, PS JALUKBARI , DIST
KAMRUP M ASSAM, 781013
REPRESENTED BY ANIL TIWARI, S.O RADHA KRISHNA TIWARI
2:SRI DWIJEN THAKURIA
S/O SRI R THAKURIA
SIMANTAPUR
LATAKATA
BASISTHA
PS BASISTHA
DIST KAMRUP ASSAM 781007
3:MD. OWAHID ALI
S/O LATE F ALI
VILLAGE MAHIPALKUCHI
PO BALIKUCHI
PS BAIHATA CHARIALI
DIST KAMRUP ASSAM 78138
Page No.# 2/4
Advocate for the Petitioner : MR. S K GOSWAMI
Advocate for the Respondent : MR. A R AGARWALA (R1)
Linked Case : CO/11/2022
SUJIT KUMAR TIWARI
S/O LATE RADHE KRISHNA TIWARI
VILLAGE MALIGAON CHARIALI
PS JALUKBARI
DIST KAMRUP M ASSAM
781011
VERSUS
ORIENTAL INSURANCE CO LTD AND 2 ORS
REPRESENTED BY ITS REGIONAL MANAGER
G.S ROAD
ULUBARI
GUWAHATI 781007
DIST KAMRUP M ASSAM
2:DWIJEN THAKURIA
S/O R. THAKURIA
VILLAGE SIMANTAPUR
LATAKATA
PO AND PS BASISTHA
781007
DIST KAMRUP
ASSAM
3:MD. WAHID ALI
S/O LATE F. ALI
VILLAGE MAHIPALKUCHI
PO BALIKUCHI
PS BAIHATA CHARIALI
781381
DIST KAMRUP ASSAM
------------
Page No.# 3/4
Advocate for : MR. A R AGARWALA
Advocate for : MR. S K GOSWAMI appearing for ORIENTAL INSURANCE CO LTD
AND 2 ORS
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
12.10.2018 passed by the learned Additional District Judge Cum Member, Motor
Accidents Claims Tribunal, Kamrup, Guwahati in M.A.C. Case No. 375/2015.
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 Shri Sujit Kr. Tiwari is present along with his counsel, Shri A.R.
Agarwala.
The parties present before this Court jointly submit that the matter has been
settled outside the Court and an amount of Rs.26,00,000/- (Rupees Twenty Six Lakhs)
as full and final settlement has been agreed. It is informed that out of the said
amount, Rs. 10,00,000/- (Rupees Ten Lakhs) was already deposited and was
withdrawn by the claimant.
In view of the above, the appeal stands closed with a direction that the
Insurance Company shall now deposit the balance amount of Rs.16,00,000/- (Rupees
Sixteen Lakhs), being the full and final settlement before the Registry of this Court
within a period of 45 days from today. Out of the said balance amount, Rs.
11,00,000/- (Rupees Eleven Lakhs) be released to the claimant and the remaining
Page No.# 4/4
amount of Rs. 5,00,000/- (Rupees Five Lakhs) be made into 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.
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.
A memo of settlement is made a part of the record.
The MAC Appeal stands disposed of.
JUDGE
Comparing Assistant
