The Oriental Insurance Company Ltd vs Smti Lakshi Das And Anr
2025 Latest Caselaw 3884 Gua

Gauhati High Court

The Oriental Insurance Company Ltd vs Smti Lakshi Das And Anr on 8 March, 2025

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

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GAHC010131182018




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

                                Case No. : MACApp./599/2018

            THE ORIENTAL INSURANCE COMPANY LTD.
            (A CENTRAL GOVT. UNDERTAKING) HAVING ITS GAUHATI REGIONAL
            OFFICE AT GUWAHATI, ULUBARI, KAMRUP (M), REPRESENTED BY THE
            DEPUTY MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI -
            781007, KAMRUP (M), ASSAM.



            VERSUS

            SMTI LAKSHI DAS AND ANR
            W/O SRI NARAYAN DAS, VILLAGE - JABARIKUCHI, P.O. BARKOLA
            CHOWKA, P.S. MANGALDAI, DIST. DARRANG, ASSAM, PIN - 784529.

            2:SRI BHOLA RAM SARKAR (OWNER)
             S/O LATE MAKHAN SARKAR
            VILLAGE - MAZAR CHUBA
             P.O. MAZAR CHUBA
             P.S. KALAIGAON
             DIST. UDALGURI
            ASSAM (BTAD)
             PIN - 784509

Advocate for the Petitioner   : MS. R D MOZUMDAR, MS. C MOZUMDAR,MR. S P SHARMA

Advocate for the Respondent : MR. I A TALUKDAR,
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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 23.02.2018 passed by the Court of the Addl. District Judge (FTC), Darrang, in MAC Case (D) No. 244/2013 praying for enhancement of the award.

2. Mr. R. K. K. Sinha, Regional Manager of the Oriental Insurance Company Limited of the Insurance Company and the claimant - Smti Lakshi Das 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 an amount of Rs. 8,41,410/- was directed to be paid to the claimant, out of which the Insurance Company has paid an amount of Rs. 4,20,705/-.

4. The parties present before this Court jointly submit that the matter has been settled between the parties and an balance additional amount of Rs.5,30,000/- 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.5,30,000/- 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 Page No.# 3/3

at the time of filing of the appeal would be refunded to the Insurance Company within a period of 30 days.

8. Send back the LCR, if any.

JUDGE

Comparing Assistant