Page No.# 1/3 vs Oriental Insurance Company Ltd ...
2023 Latest Caselaw 3603 Gua

                                                                Page No.# 1/3

GAHC010117132018




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

                        Case No. : MACApp./826/2018

         SMTI KALPANA MEDHI AND 4 ORS
         W/O LATE BENUDHAR MEDHI
         RESIDENT OF VILL AND PO SIMLITOLA PS RANGJULI, DIST GOALPARA,
         ASSAM, 783131

         2: SRI DEBAJIT MEDHI
          S/O LATE BENUDHAR MEDHI
         RESIDENT OF VILL AND PO SIMLITOLA PS RANGJULI
          DIST GOALPARA
         ASSAM
          783131
         TO BE REPRESENTED BY SMTI
          KALPANA MEDHI

         3: SRI PRANJIT MEDHI
          S/O LATE BENUDHAR MEDHI
         RESIDENT OF VILL AND PO SIMLITOLA PS RANGJULI
          DIST GOALPARA
         ASSAM
          783131
         TO BE REPRESENTED BY SMTI
          KALPANA MEDHI

         4: SMTI. OLI MEDHI
          D/O LATE BENUDHAR MEDHI
         RESIDENT OF VILL AND PO SIMLITOLA PS RANGJULI
          DIST GOALPARA
         ASSAM
          783131
         TO BE REPRESENTED BY SMTI
          KALPANA MEDHI

         5: SRI JON MEDHI
          S/O LATE BENUDHAR MEDHI
                                                                  Page No.# 2/3

            RESIDENT OF VILL AND PO SIMLITOLA PS RANGJULI
            DIST GOALPARA
            ASSAM
            783131
            TO BE REPRESENTED BY SMTI
            KALPANA MEDH

            VERSUS

            ORIENTAL INSURANCE COMPANY LTD AND 5 ORS
            REPRESENTED BY ITS DIVISIONAL MANAGER, BONGAIGAON DIVISION,
            BONGAIGAON, 783308

            2:CHANDRA SHARMA
             S/O LATE CHAHILAL SHARMA
            RESIDENT OF VILL FAFAL PO AND PS DUDHNOI
             DIST GOALPARA
            ASSAM
             783124
            OWNER OF BUS NO. AS-18/G-2667

            4:THE DIVISIONAL MANAGER
             THE NEW INDIA ASSURANCE CO. LTD.
            BONGAIGAON DIVISIONAL
             BONGAIGAON 783308
            POLICY NO 5311013115010000582
            VALID FROM 27.06.2015 TO 26.06.2016
            INSURER OF TRUCK NO AS-01/DG-8428

            5:DILIP KR. BANIK
             S/O LATE B.B BANIK
            C/O MATCHING CENTRE
             L-2 PANDU
            BAHUBALI MARKET
             BAZAR BAZAAR
             DIST KAMRUP M ASSAM 78101

Advocate for the Petitioner   : MR. S RAHMAN

Advocate for the Respondent : MR. K K BHATTA (R4)




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                        ORDER

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09.09.2023 This is an appeal filed by the appellants-claimants against the judgment and award dated 01.12.2017 passed by the learned MACT, Goalpara in MAC Case No.68/2016 praying for enhancement of the awarded amount of Rs.10,15,000/-.

Ms. Hena Haflongbar, Assistant Manager of the New India Assurance Company Ltd. and the claimants- Smti Kalpana Medhi along with her son Pranjit Medhi and her learned counsel, Shri AN Ikbal are present today i.e., 09.09.2023 in the National Lok Adalat.

The parties present before this Court jointly submit that the matter has been settled outside the Court and an additional amount of Rs.2,00,000/- 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 additional agreed amount of Rs.2,00,000/- being the full and final settlement in the Registry of this Court within a period of 60 days from today.

The claimant / appellant no. 1 would be at liberty to withdraw the aforesaid amount of Rs.2,00,000/- on being properly identified by her learned counsel

The appeal is accordingly disposed of.

JUDGE

Comparing Assistant