The Oriental Insurance Co. Ltd vs Suresh @ Surash Mahali And 2 Ors
2025 Latest Caselaw 3879 Gua

Gauhati High Court

The Oriental Insurance Co. Ltd vs Suresh @ Surash Mahali And 2 Ors on 8 March, 2025

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                         Page No.# 1/3

GAHC010162552024




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

                                Case No. : MACApp./397/2024

            THE ORIENTAL INSURANCE CO. LTD.
            A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, REP. BY ITS
            REGIONAL MANAGER, ULUBARI, GUWAHATI- 7, DIST.- KAMRUP (M),
            ASSAM.



            VERSUS

            SURESH @ SURASH MAHALI AND 2 ORS.
            S/O SAMIA @ SONIA MAHALI,
            R/O DHEKIAJULI, NEPALIGAON, P.S.- DHEKIAJULI, SONITPUR.

            2:ASHOK KUMAR BORAH
             C/O DEVI PRASAD BORAH

            R/O MORNOIGURI KALABARI
            P.S.- GOHPUR
            SONITPUR.

            3:JITU TALUKDAR
             S/O BHABESH TALUKDAR

            R/O BARKURA
            P.O.- BALIKORIA
            P.S.- NALBARI
            DIST.- NALBARI
            ASSAM

Advocate for the Petitioner   : MR. S K GOSWAMI, MR. R SHARMA

Advocate for the Respondent : MS. P PATHAK(R-1,2), MR. A BHATTACHARYYA(R-1),MR. S
SINGH(R-1,)
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                                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 07.06.2024 passed by the learned Member, Motor Accident Claims Tribunal, Kamrup(M), Guwahati, in M.A.C. Case No. 587/2018.

2. Mr. R. K. K. Sinha, Regional Manager of the Oriental Insurance Company Limited of the Insurance Company and the claimant - Suresh @ Surash Mahali along with the learned counsel, are present today i.e., 08.03.2025 in the National Lok Adalat.

3. The learned counsel for the appellant has submitted that out of the awarded amount Rs. 20,00,000/- has already been paid by the claimant.

4. The parties present before this Court jointly submit that the matter has been settled between the parties and an balance amount of Rs.13,97,240/- has been agreed upon.

5. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the balance amount of Rs.13,97,240/- being the balance amount before the Registry of this Court within a period of 45 days from today.

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

7. 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.

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8. Send back the LCR, if any.

JUDGE

Comparing Assistant