Oriental Insurance Company Ltd vs Md. Abdul Karim
2024 Latest Caselaw 3197 Gua

Gauhati High Court

Oriental Insurance Company Ltd vs Md. Abdul Karim on 10 May, 2024

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                     Page No.# 1/3

GAHC010128882023




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

                                Case No. : I.A.(Civil)/1698/2023

            ORIENTAL INSURANCE COMPANY LTD.
            HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A 25/27, ASAF ALI
            ROAD, NEW DELHI-110002 AND REGIONAL OFFICE AT GUWAHATI-7
            REPRESENTED BY THE REGIONAL MANAGER.



            VERSUS

            MD. ABDUL KARIM
            S/O LATE BABU ALI, R/O ISLAMPATTY, NAGAON TOWN, P.S.-NAGAON,
            DIST-NAGAON, ASSAM



Advocate for the Petitioner   : MR SISHIR DUTTA

Advocate for the Respondent : MR. I A TALUKDAR




             Linked Case : MFA/123/2022

            ORIENTAL INSURANCE CO. LTD.
            HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE
            A 25/27 ASAF ALI ROAD
            NEW DELHI-110002 AND REGIONAL OFFICE AT GUWAHATI-7
            REPRESENTED BY THE REGIONAL MANAGER.


             VERSUS
                                                                      Page No.# 2/3

           MD. ABDUL KARIM and ANR.
           S/O LATE BABU ALI
           R/O ISLAMPATTY
           NAGAON TOWN
           P.S. NAGAON
           DIST. NAGAON
           ASSAM

           2:BABLU SEN

           S/O LATE N.C. SEN
           R/O HAIBORGAON
           P.S. NAGAON
           DIST. NAGAON
           ASSAM OWNER OF HE VEHICLE BEARING NO. AS-02/A-1871
           TRUCK
           ------------




Advocate for the applicant(s): Mr. S Dutta


Advocate for the respondent(s): Mr. IA Talukdar



                                  BEFORE
                HON'BLE MR. JUSTICE DEVASHIS BARUAH
                                    ORDER

10.05.2024

This is an application filed seeking modification of the judgment and order dated 20.01.2023 passed by this Court on the ground that prior to the judgment and order passed, the parties have already agreed and entered into a Memorandum of Agreement on 18.08.2017.

2. Mr. IA Talukdar, the learned counsel appearing on behalf of the respondent Page No.# 3/3

submits that in consonance with the agreement, the claimant had already received an amount of Rs.1,70,000/- as full and final settlement of the claim. He further submits that as the claimant had already received the said amount, the claimant would not like to further agitate the matter.

3. Taking into account the development which was, however, not brought to the attention of this Court, at the relevant point of time, when the judgment and order was passed i.e. on 20.01.2023, this Court disposes of the instant application by observing that in view of the settlement being arrived at on 18.08.2017, the direction so passed in the judgment and order dated 20.01.2023 in MFA No.123/2022 for making payment of the said amount to the petitioner shall no longer be required.

4. Interlocutory application, accordingly, stands disposed of.

JUDGE

Comparing Assistant