Oriental Insurance Company ... vs Sri Ratan Mahananda @ Ratan ...
2022 Latest Caselaw 4427 Gua

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GAHC010029612017




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

                                Case No. : MACApp./333/2017

            ORIENTAL INSURANCE COMPANY LIMITED
            A COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES
            REGISTERED AND INCORPORATED UNDER THE COMPANIES ACT, 1956,
            HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A-25/27 ASAF ALI
            ROAD, NEW DELHI-2 WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD,
            ULUBARI, GUWAHATI-7, REP. BY ITS REGIONAL MANAGER



            VERSUS

            SRI RATAN MAHANANDA @ RATAN MAHANAND and 2 ORS
            S/O LATE AMAR MAHANANDA, R/O VILL- NAGRAJULI, PO-NAGRAJULI,
            PS-TAMULPUR, DIST-NALBARI, ASSAM

            2:ANISUR RAHMAN
             S/O LT. HASIM ALI R/O VILL-N.T. ROAD
             NALBARI
             P.O. and P.S. NALBARI DIST. NALBARI
            ASSAM

            3:SRI DIPAK KR. KALITA
             S/O LT. BHOGIRAM KALITA R/O VIL- THAMNA
             P.O. THANA
             P.S. MASALPUR DIST. BAKSA
            ASSA

Advocate for the Petitioner   : MR. S BASUMATARY

Advocate for the Respondent : MR.P K DEKAR-1
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                                 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 30.03.2017 passed by the learned Member, Motor Accidents Claims Tribunal No. 1, Kamrup, Guwahati in M.A.C. Case No. 1499/2012.

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 Ratan Mahananda @ Ratan Mahanand is present along with his counsel, Ms. T. Das.

The parties present before this Court jointly submit that the matter has been settled outside the Court and an amount of Rs.17,00,000/- (Rupees Seventeen Lakhs) as full and final settlement has been agreed. It is submitted that during the pendency of this appeal, an amount of Rs.7,37,500/- (Rupees Seven Lakh Thirty Seven Thousand Five Hundred) has already been paid.

In view of the above, the appeal stands closed with a direction that the Insurance Company shall now deposit the balance amount of Rs.9,62,500/- (Rupees Nine Lakh Sixty Two Thousand Five Hundred), being the full and final settlement before the Registry of this Court within a period of 45 days from today and out of the said amount, Registry is directed to release Rs. 4,62,500/- (Rupees Four Lakh Sixty Two Thousand Five Hundred) in the name of the claimant and to keep the remaining amount i.e., Rs. 5,00,000/- (Rupees Five Lakhs) into fixed deposit in the name of the claimant in any Nationalized Bank or Post Office for a period of 3 (three) years and Page No.# 3/3

the name of the nominee be given as Shri Pradeep Mahananda, son of Shri Ratan Mahananda, the Claimant.

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