Shriram General Insurance Co. Ltd vs Smti Nikunja Devi And 2 Ors
2023 Latest Caselaw 3620 Gua

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GAHC010006912019




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

                                Case No. : MACApp./68/2022

            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.



            VERSUS

            SMTI NIKUNJA DEVI AND 2 ORS
            W/O- LATE BHARAT CHANDRA NATH, R/O- VILL.- JOHAMARI, P.O. AND
            P.S. THELAMARA, DIST.- SONITPUR, ASSAM, PIN- 784001.

            2:SRI SUNAYAN SAIKIA
             S/O- SRI NRIPEN SAIKIA
             R/O- VILL.- RANGAMATI
             P.O. AND P.S. BIHAGURI
             PIN- 784529
             DIST.- SONITPUR
            ASSAM. (OWNER OF THE VEHICLE NO. AS-07/A-6863 (TRUCK).

            3:SRI BIPIN CHANDRA SARMAH
             S/O- LATE T. CH. SARMAH
             R/O- WARD NO. 1 RANGAPARA
             P.O. AND P.S. RANGAPARA
             DIST.- SONITPUR
            ASSAM
             PIN- 784101. (DRIVER OF THE VEHICLE NO. AS-07/A-6863 (TRUCK)

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent : DR. U BARUAH
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                                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 06.04.2016 passed by the Motor Accident Claims Tribunal No.2, Kamrup (M), Guwahati (for short MACT Kamrup) in MAC Case No. 2553/2012 whereby an amount of Rs.4,80,000/- along with interest, as compensation, was directed to be paid by the appellant-Insurance Company to the claimants-respondents.

Shri Rajendra Dutta, Assistant Manager, Legal of the Insurance Company and the claimant-Smt. Nikunja Devi along with her learned counsel, Shri D Mondal 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 amount Rs.6,80,000/- 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 amount of Rs.6,80,000/- being the full and final settlement before the MACT No.2, Kamrup (M) within a period of 60 days from today.

The claimant would be at liberty to withdraw the amount on being properly identified by her learned counsel.

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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