Shriram General Insurance Co. Ltd vs Smti Mainu Devi And 3 Ors
2023 Latest Caselaw 3618 Gua

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GAHC010029902019




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

                          Case No. : MACApp./168/2022

         SHRIRAM GENERAL INSURANCE CO. LTD
         1000-E/8, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN-
         302022 AND HAVING A BRANCH OFFICE AT B.R. ARCADE, 3RD FLOOR, 21,
         JANAPATH, ULUBARI, GUWAHATI- 781007, REP. BY LEGAL OFFICER



         VERSUS

         SMTI MAINU DEVI AND 3 ORS
         W/O- LATE DIPAK KUMAR NATH, R/O- VILL.- JOHAMARI, P.S.
         THELAMARA, DIST.- SONITPUR, ASSAM, PIN- 784149.

         2:SRI DIPANKAR NATH
          S/O- LATE DIPAK KUMAR NATH

         R/O- VILL.- JOHAMARI
         P.S. THELAMARA
         DIST.- SONITPUR
         ASSAM
         PIN- 784149.

         3:SRI SUNAYAN SAIKIA
          S/O- SRI NRIPEN SAIKIA

         R/O- VILL.- RANGAMATI
         P.S. BIHAGURI
         P.O. RANGAMATI
         DIST.- SONITPUR
         ASSAM
         PIN- 784529. (OWNER OF THE TRUCK NO. AS-07/A-6863).

         4:SRI BIPIN CH. SARMAH
          S/O- LATE T. CH. SARMAH
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              R/O- WARD NO. 1 RANGAPARA
              P.O. AND P.S. RANGAPARA
              DIST.- SONITPUR
              ASSAM
              PIN- 784505. (DRIVER OF THE TRUCK NO. AS-07/A-6863)

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent : DR. U BARUAH




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                        ORDER

09.09.2023.

This is an appeal filed by the appellant-Shriram General Insurance Co. Ltd. (for short Insurance Company) against the judgment and award dated 02.11.2018 passed by the Motor Accident Claims Tribunal No.2, Kamrup (M), Guwahati (for short MACT Kamrup) in MAC Case No. 2552/2012 whereby an amount of Rs.27,26,146/- 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 of Rs. 27,26,146/-, an amount of Rs. 13,63,073/- has been deposited by the Insurance Company which, however, yet to be withdrawn by the claimants-respondents.

Shri Rajendra Dutta, Assistant Manager, Legal of the Insurance Company and the claimants-Smt. Mainu Devi and Shri Dipankar Nath along with their learned counsel, Shri R Goswami 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 Rs.33,63,073/- as full and Page No.# 3/3

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.20,00,000/- being the full and final settlement before the Registry of this Court within a period of 60 days from today.

The claimant would be at liberty to withdraw the total amount of Rs. 33,63,073/- on being properly identified by her learned counsel. The manner of release of the aforesaid amount would be in the following terms:

i) Rs. 15,00,000/- shall be released to the claimant/respondent no. 1- Smt. Mainu Devi; and

ii) Remaining amount of Rs. 18,63,073/- is directed to be deposited in a Fixed Deposit scheme in the joint name of claimant no. 1-Smti. Mainu Devi and claimant no. 2-Dipankar Nath in any nationalized bank for a period of 3 years.

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.

JUDGE

Comparing Assistant