Gauhati High Court
The Oriental Insurance Co Ltd vs Shyamali Modak And 6 Ors on 8 March, 2025
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/3
GAHC010190602024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./496/2024
THE ORIENTAL INSURANCE CO LTD
A COMPANY REGISTERED UNDER THE COMPANIES ACT, REPRESENTED
BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI-7, DIST. KAMRUP,
ASSAM.
VERSUS
SHYAMALI MODAK AND 6 ORS
W/O. LATE JIBAN CH. MODAK @ JIBAN MODAK
2:SRI. JAYANTA MODAK
S/O. LATE JIBAN CH. MODAK @ JIBAN MODAK
3:MISS JOYSHREE MODAK
D/O. LATE JIBAN CH. MODAK @ JIBAN MODAK
4:SMT. GIRIBALA MODAK
W/O. LATE JIBAN CH. MODAK @ JIBAN MODAK. ALL ARE RESIDENT OF
VILL.- BISHAKHOBA PART-1
P/S. GOLAKGANI
DIST. DHUBRI
ASSAM. (THE CLAIMANT NO.2 AND 3 BEING MINOR SHALL BE
REPRESENTED BY THEIR MOTHER i.e. CLAIMANT NO.1)
5:GYANJYOTI EDUCATION FOUNDATION
C/O. SRI AMIT AGARWAL
R/O. PRAKASH TOWER
ABC
G.S. ROAD
P/S. BHANGAGARH
GUWAHATI
PIN-781005
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DIST. KAMRUP(M)
ASSAM
6:SRI KABIR BISWAKARMA
S/O. SRI. RAM BISWAKARMA
R/O. GOIBARI
P/O. AND P/S. TAMALPUR
PIN-781367
DIST. BAKSA
BTAD.
TEMPORARY ADDRESS- R/O. SENIOR OFFICERS COLONEY
BLOCK D-4
KHANAPARA
WARD NO.59
GUWAHATI
PIN-781022
DIST. KAMRUP(M)
ASSAM.
7:TATA AIG GENERAL INSURANCE CO. LTD.
REPRESENTED BY ITS GENERAL MANAGER
MAYUR GARDEN
3RD FLOOR
OPPOSITE HDFC BANK
BHANGAGARH
G.S. ROAD
GUWAHATI.PIN-781005
Advocate for the Petitioner : MR. S K GOSWAMI, MR. R SHARMA
Advocate for the Respondent : MR. A R AGARWALA (R-1,2,3), MR ADITYA AGARWALA(R-
1,2,3)
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
Date : 08.03.2025
1. The appeal has been filed by the appellant-claimant against the
judgment and award dated 21.06.2024 passed by the learned Member, Motor
Accident Claims Tribunal No. 3, Kamrup(M), Guwahati in MAC Case No.
Page No.# 3/3
739/2019.
2. Mr. R. K. K. Sinha, Regional Manager of the Oriental Insurance
Company Limited of the Insurance Company and the claimant No. (1) Shyamali
Modak, along with her learned counsel, are present today i.e., 08.03.2025 in the
National Lok Adalat.
3. The learned counsel for the claimant submits that out of the awarded
amount, an amount of Rs. 10,05,700/- has already been paid and withdrawn.
4. The parties present before this Court jointly submit that the matter has
been settled between the parties of a balance amount of Rs. 10,05,700/- has
been agreed upon.
5. In view of the above, the appeal stands closed with a direction that the
Insurance Company shall deposit the amount of Rs. 10,05,700/- being the full
and final settlement before the Registry of this Court within a period of 45 days
from today.
6. The amount of Rs. 10,05,700/- shall be released to the claimant No.1.
7. The claimant would be at liberty to withdraw the aforesaid amount on
being properly identified by his learned counsel.
8. The statutory deposit of Rs.25,000/- made by the Insurance Company
at the time of filing of the appeal would be refunded to the Insurance Company
within a period of 30 days.
9. Send back the LCR.
JUDGE
Comparing Assistant
