Liberty General Insurance Ltd vs Smti. Menoka Ramchiary And 4 Ors
2023 Latest Caselaw 3606 Gua

                                                                 Page No.# 1/4

GAHC010271222019




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

                        Case No. : MACApp./654/2019

         LIBERTY GENERAL INSURANCE LTD.
         (EARLIER LIBERTY VIDEOCON GENERAL INSURANCE COMPANY LTD.)
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 10TH FLOOR,
         TOWER A, PENINSULA BUSINESS PARK, GANAPATRAO KADAM MARG,
         LOWER PAREL (WEST), MUMBAI-400013, MAHARASHTRA AND ITS
         BRANCH OFFICE AT 4TH FLOOR, GANAPATI ENCLAVE, BORA SERVICE,
         G.S. ROAD, GUWAHATI, KAMRUP (M), PIN 781007



         VERSUS

         SMTI. MENOKA RAMCHIARY AND 4 ORS
         WIFE OF LATE KAPUR BASUMATARY@ KAPOOR, R/O VILLAGE
         KOKLABARI, P.O. KOKLABARI, DISTRICT BAKSA, BTAD, ASSAM, PIN
         304310

         2:SMT. BHAGYA BASUMATARY
          MOTHER OF LATE KAPUR BASUMATARY@ KAPOOR
          R/O VILLAGE KOKLABARI
          P.O. KOKLABARI
          DISTRICT BAKSA
          BTAD
         ASSAM
          PIN 304310

         3:SRI DARIK BASUMATARY
          FATHER OF LATE KAPUR BASUMATARY@ KAPOOR
          R/O VILLAGE KOKLABARI
          P.O. KOKLABARI
          DISTRICT BAKSA
          BTAD
         ASSAM
          PIN 304310
                                                                        Page No.# 2/4


              4:SRI KRISHNA KANTA BASUMATARY
               SON OF LATE MAHESWAR BASUMATARY
               RESIDENT OF VILLAGE KOKLABARI
               P.O. KOKLABARI
               DISTRICT BAKSA
               BTAD
               ASSAM
               PIN 304310
              (OWNER OF THE MOTOR CYCLE NO. AS-28-A-0237)

              5:SRI PABAN SWARGIARY
               SON OF RAJANI SWARGIARY
               RESIDENT OF VILLAGE BARAMCHARI
               P.O. BARAMCHARI
               POLICE STATION PATACHARKUCHI
               DISTRICT BARPETA
               ASSAM
               PIN 781343
              (RIDER OF THE MOTOR CYCLE NO. AS-28-A-0237

Advocate for the Petitioner   : MR T KALITA

Advocate for the Respondent : MR. J KALITA




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

09.09.2023.

This is an appeal filed by the appellant-Liberty General Insurance Ltd. (for short Insurance Company) against the judgment and award dated 09.08.2019 passed by the Motor Accident Claims Tribunal, Nalbari (for short MACT, Nalbari) in MAC Case No.66 (Death)/2017 whereby an amount of Rs.21,09,800/- along with interest, as compensation, was directed to be paid by the appellant- Insurance Company to the claimants-respondents. Out of the aforesaid awarded amount, an amount of Rs. 11,00,000/- has been received by the claimants- respondents.

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Shri Subhas Debnath, Legal Specialist of the Insurance Company and the claimant No. 1. Smti. Menoka Ramchiary; 2. Smt. Bhagya Basumatary and 3. Shri Darik Basumatary along with their learned counsel, Shri J Kalita 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 a total amount of Rs. 20,00,000/- 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 balance amount of Rs.9,00,000/- being the full and final settlement before the Registry of this Court within a period of 60 days from today.

The claimants would be at liberty to withdraw the aforesaid balance amount of Rs. 9,00,000/- on being properly identified by their learned counsel. The manner of release of the aforesaid amount would be in the following terms:

i) Out of the aforesaid balance amount of Rs.9,00,000/-, an amount of Rs. 5,00,000/- would be released in favour of the claimant no. 1- Smt. Menoka Ramchiary and Rs. 2,00,000/- each would be released in favour of the claimant no. 2- Smt. Bhagya Basumatary and claimant no. 3- Darik Basumatary.

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 60 days.

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The MAC appeal is accordingly disposed of.

JUDGE

Comparing Assistant