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2025 DAILYLAW 14948 (GAU)

THE ORIENTAL INSURANCE CO. LTD v. SMTI MINA ROY AND 3 ORS

MACApp./644/2018 · 2025-03-07

Sanjay Kumar Medhi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010138662018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./644/2018 THE ORIENTAL INSURANCE CO. LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 REPRESENTED BY ITS REGIONAL MANAGER, ULUBARI GUWAHATI 7 VERSUS SMTI MINA ROY AND 3 ORS W/O RABI SANKAR ROY RESIDENT OF VILLAGE SHUTTLEGATE MALIGAON PS JALUKBARI, GUWAHATI DIST KAMRUP ASSAM 2:MISS RANJANA MISHRA W/O SRI BISWAJIT MISHRA RESIDENT OF NEW GUWAHATI GUWAHATI 781021 DIST KAMRUP ASSAM 3:MD. SARBAT ALI S/O MD. K. ALI VILLAGE BARALI GALIBANDHA PS BARPETA ROAD 781315 DIST BARPETA ASSAM 4:SRI BRIJESH ROY S/O RABI SANKAR ROY RESIDENT OF VILLAGE SUTTLEGATE MALIGAON PS JALUKBARI GUWAHATI 781014 DISTRICT KAMRUP ASSA Page No.# 2/3 Advocate for the Petitioner : MR. S K GOSWAMI, MR. B K GOSWAMI,MR. R SARMA Advocate for the Respondent : MR. A R AGARWALA, MS. S NAZNEEN (r-3),MR. N D SARMA (r-3),MR. M H LASKAR (R2),MR. S ROY (R2),MS. R LAILA,MD. K ALI 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 13.07.2017 passed by the learned Member, Motor Accident Claims Tribunal, No.3 Kamrup (M) in MAC Case No.1713/2014. 2. Mr. R. K. K. Sinha, Regional Manager of the Oriental Insurance Company Limited of the Insurance Company and the claimant No. (1) Smti Mina Roy along with her learned counsel, Mr. A. R. Agarwala are present today i.e., 08.03.2025 in the National Lok Adalat. 3. The parties present before this Court jointly submit that the matter has been settled between the parties of an amount of Rs.11,65,000/- has been agreed upon. 4. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the amount of Rs.11,65,000/- being the full and final settlement before the Registry of this Court within a period of 45 days. 5. The amount to be deposited in the name of claimant No.1, mother of the deceased, which the claimant No. 2 has no objection. 6. The claimant would be at liberty to withdraw the aforesaid amount on being properly identified by his learned counsel. Page No.# 3/3 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. 8. Send back the LCR. 9. Mr. A. R. Agarwala, learned counsel for the claimants has informed that a connected MAC Appeal No. 487/2017 filed for enhancement is pending, which he would like to withdraw. 10. Since the records of the said appeal is not before this Lok Adalat, the prayer may be made before the Court. JUDGE Comparing Assistant