The Reliance General Insurance ... vs Smti Shayan Medhi And 4 Ors
2022 Latest Caselaw 4428 Gua

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GAHC010037762018




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

                         Case No. : MACApp./216/2018

         THE RELIANCE GENERAL INSURANCE CO. LTD
         HAVING ITS REGISTERED OFFICE AT 19 RELIANCE CENTRE, WALCHAND
         HIRACHAND MARG, BALLARD ESTATE, MUMBAI 400001 AND
         CORPORATE OFFICE AT 570 RECTIFIER HOUSE , NAGAUM CROSS, NEXT
         TO ROYAL INDUSTRIAL ESTATE, WADALA(W), MUMBAI 400031 AND ONE
         OF THE BRANCH OFFICES AT ANIL PLAZA, 5TH FLOOR G.S. ROAD,
         BHANGAGARH, GUWAHATI 781005



         VERSUS

         SMTI SHAYAN MEDHI AND 4 ORS
         MOTHER OF LATE RABEN MEDHI, R/O- VILL- KHETRAPARA, P.O-
         BARSIMALUGURI, P.S- BARAMA, DIST- BAKSA(BTAD), ASSAM, PIN-
         781346

         2:SHRI GOBINDA MEDHI
          FATHER OF RABEN MEDHI
          R/O VILL. KHETRAPARA
          P.O. BARSIMALUGURI
          P.S. BARAMA
          DIST. BAKSA
          (BTAD)
         ASSAM
          PIN 781346

         3:SHRI NABAJIT MEDHI
          BROTHER OF LATE RABEN MEDHI
          R/O VILL. KHETRAPARA
          P.O. BARSIMALUGURI
          P.S. BARAMA
          DIST. BAKSA
          (BTAD)
                                                               Page No.# 2/5

             ASSAM
             PIN 781346

            4:MISS BHANITA MEDHI
             SISTER OF LATE RABEN MEDHI
             R/O VILL. KHETRAPARA
             P.O. BARSIMALUGURI
             P.S. BARAMA
             DIST. BAKSA
             (BTAD)
            ASSAM
             PIN 781346

            5:ON THE DEATH OF PRATUL SARMAH HIS LEGAL HEIRS
             S/O LATE BANI KANTA SARMAH
            VILL. BARNADI
             BANGAON
             P.S. BELSOR
             DIST. NALBARI
            ASSAM
             PIN 781303

            5.1:SMTI ANJALI DEVI
            AGED ABOUT 42 YEARS
            WIFE OF LT. PRATUL SARMAH

            5.2:SHRI PRAGYAN BHARADWAJ
            AGED ABOUT 15 YEARS
            SON OF LT. PRATUL SARMAH

            5.3:MISS CHANDRAMITA DEVI
            AGED ABOUT 13 YEARS
            DAUGHTER OF LT. PRATUL SARMAH

            ALL ARE PRESENT RESIDENT OF SAPTA SWAHID PATH
            SORU MOTORIA

            DISPUR
            GUWAHATI-781006
            PERMANANT RESIDENT OF VILLAGE BARNADI
            BANGAON P/S- BELSOR
            DIST. NALBARI
            ASSAM
            PIN 78130

Advocate for the Petitioner   : MR. A J SAIKIA

Advocate for the Respondent : MR D MONDAL (R1
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Linked Case : CO/26/2021

SMTI SHAYAN MEDHI AND ANR
W/O- SRI GOBINDA MEDHI
R/O- VILL.- KHETRAPARA
P.O. BARSIMALUGURI
P.S. BARAMA
DIST. BAKSA (BTAD)
ASSAM
PIN- 781346.


VERSUS

THE RELIANCE GENERAL INSURANCE COMPANY LIMITED AND ANR
HAVING ITS REGISTERED HEAD OFFICE AT 19
RELIANCE CENTRE
WALCHAND HIRACHAND MARG
BALLARD ESTATE
MUMBAI- 400001 AND ONE OF THE BRANCH OFFICE AT ANIL PLAZA
5TH FLOOR
G.S. ROAD
BHANGAGARH
GUWAHATI- 781005.

2:PRATUL SARMAH
S/O- LATE BANI KANTA SARMAH
 R/O- BARNADI
 BANGAON
 P.S. BELSOR
 DIST. NALBARI
 ASSAM
 PIN- 781303.
 ------------
 Advocate for : MR D MONDAL
Advocate for : MR. A J SAIKIA appearing for THE RELIANCE GENERAL
INSURANCE COMPANY LIMITED AND ANR
                                                                           Page No.# 4/5



                                 BEFORE
                HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                        ORDER

12.11.2022

This is an appeal filed by the appellant- The Reliance General Insurance Company Limited (for short Insurance Company) against the judgment and award dated 07.11.2017 passed by the learned Member, Motor Accidents Claims Tribunal No. 3, Kamrup, Assam in M.A.C. Case No. 541/2014.

The appellant-Insurance Company is represented by Ms. Runjun Boruah, Support Officer Legal Claim and Shri Sheezan Aziz Choudhury, Associate Legal Claim Manager.

The claimant no. 1 Smti Shayan Medhi and claimant no. 2 Shri Gobinda Medhi, parents of the deceased are present along with their Counsel, Shri D. Mondol.

While the MACApp./216/2018 is preferred by the Insurance Company challenging the award, a Cross Objection/26/2021 has been preferred by the claimants praying for enhancement of the award.

The parties present before this Court jointly submit that the matter has been settled outside the Court and payment of an additional amount of Rs.13,00,000/- (Rupees Thirteen Lakhs) as full and final settlement has been agreed upon over and above the awarded amount.

In view of the above, the appeal as well as C.O. stand closed with a direction that the Insurance Company shall now deposit the additional amount of Rs.13,00,000/- (Rupees Thirteen Lakhs) 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. 5,00,000/- (Rupees Five Lakhs) each in the name of the claimant nos. 1 & 2 and the rest of the amount i.e., Rs. 3,00,000/-

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(Rupees Three Lakhs) be made into fixed deposit in the name of the claimant no. 1 in any Nationalized Bank or Post Office for a period of three years.

The said amount would be released to the claimants 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 along with the Cross Objection stand disposed of.

JUDGE

Comparing Assistant