Citation : 2025 Latest Caselaw 3890 Gua
Judgement Date : 8 March, 2025
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GAHC010253492022
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./224/2024
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 07,
REPRESENTED BY THE REGIONAL MANAGER.
VERSUS
MAJANI BEGUM AND 5 ORS . B
W/O LATE SAMAD HUSSAIN @ CHAMAD ALI, RESIDENT OF C.D ROAD, W.
NO. 7, PS NORTH LAKHIMPUR, DIST LAKHIMPUR, ASSAM
2:IRFAN HUSSAIN
S/O LATE SAMAD HUSSAIN @ CHAMAD ALI
RESIDENT OF C.D ROAD
W. NO. 7
PS NORTH LAKHIMPUR
DIST LAKHIMPUR
ASSAM
3:RIZWAN HUSSAIN
S/O LATE SAMAD HUSSAIN @ CHAMAD ALI
RESIDENT OF C.D ROAD
W. NO. 7
PS NORTH LAKHIMPUR
DIST LAKHIMPUR
ASSAM
4:RIHANA HUSSAIN
D/O LATE SAMAD HUSSAIN @ CHAMAD ALI
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RESIDENT OF C.D ROAD
W. NO. 7
PS NORTH LAKHIMPUR
DIST LAKHIMPUR
ASSAM
5:NIKHAMONI PHUKAN
D/O LATE LAKHAN CHANDRA PHUKAN
RESIDENT OF SOLAL GAON
PO PANIGAON
PS PANIGAON
DIST LAKHIMPUR
ASSAM
6:BHASKAR JYOTI SAIKIA
S/O DILIP SAIKIA
RESIDENT OF MAHARA GOHAIN GAON
PS NORTH LAKHIMPUR
DIST LAKHIMPUR
ASSA
Advocate for the Petitioner : MR S DUTTA, MS S MOCHAHARI,MR S DUTTA
Advocate for the Respondent : MR. A R AGARWALA (r-1), MR ADITYA AGARWALA (R-1)
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 12.08.2022 passed by the learned Member, Motor Accident Claims Tribunal, No.2 Kamrup (M) in MAC Case No.2694/2018.
2. Mr. R. K. K. Sinha, Regional Manager of the Oriental Insurance Company Limited of the Insurance Company and the claimant No. (1) Majani Begum, (2) Irfan Hussain, (3) Rizwan Hussain, and (4) Rihana Hussain along with their learned counsel, are present today i.e., 08.03.2025 in the National Lok Page No.# 3/3
Adalat.
3. The learned counsel for the claimant submits that out of the awarded amount, an amount of Rs. 26,23,500/- has already been paid and withdrawn.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.6,23,500/- 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.6,23,500/- 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.6,23,500/- 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
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