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2025 DAILYLAW 16490 (GAU)

THE ORIENTAL INSURANCE CO LTD v. ASMA KHATUN AND 8 ORS A

MACApp./512/2024 · 2025-03-07

Sanjay Kumar Medhi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010162472024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./512/2024 THE ORIENTAL INSURANCE CO LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 REPRESENTED BY ITS REGIONAL MANAGER ULUBARI GUWAHATI 7 VERSUS ASMA KHATUN AND 8 ORS A W/O LATE MUSTAFIJUR RAHMAN RESIDENT OF VILLAGE HATIPUKHURI , PS RUPAHIHAT, DIST NAGAON, ASSAM PRESENT ADDRESS C/O SUKUR LASKAR, RESIDENT OF DATALPARA, NATUN BASTI, PS FATASIL, AMBARI, DIST KAMRUP M ASSAM 2:PARABINA KHATUN W/O MD. ISMAIL ALI RESIDENT OF VILLAGE HATIPUKHURI PS RUPAHIHAT DIST NAGAON ASSAM PRESENT ADDRESS C/O SUKUR LASKAR RESIDENT OF DATALPARA NATUN BASTI PS FATASIL AMBARI DIST KAMRUP M ASSAM 3:MD. ISMAIL ALI S/O LATE AHAMMAD ALI RESIDENT OF VILLAGE HATIPUKHURI PS RUPAHIHAT DIST NAGAON ASSAM PRESENT ADDRESS C/O SUKUR LASKAR RESIDENT OF DATALPARA Page No.# 2/4 NATUN BASTI PS FATASIL AMBARI DIST KAMRUP M ASSAM 4:RADHIKA BEGUM D/O MD. ISMAIL ALI RESIDENT OF VILLAGE HATIPUKHURI PS RUPAHIHAT DIST NAGAON ASSAM PRESENT ADDRESS C/O SUKUR LASKAR RESIDENT OF DATALPARA NATUN BASTI PS FATASIL AMBARI DIST KAMRUP M ASSAM TO BE REP. BY RES. NO. 1 5:SADIKA BEGUM D/O MD. ISMAIL ALI RESIDENT OF VILLAGE HATIPUKHURI PS RUPAHIHAT DIST NAGAON ASSAM PRESENT ADDRESS C/O SUKUR LASKAR RESIDENT OF DATALPARA NATUN BASTI PS FATASIL AMBARI DIST KAMRUP M ASSAM TO BE REP. BY RES. NO. 1 6:ABDUL RASHID ALAM S/O ABDUL ROHIM RESIDENT OF KAMARPATTY BARIK PATH PO PS AND DIST GOLAGHAT ASSAM 785614 7:MD. ABDUL HANNAN S/O LATE ABDUL KHALEQ RESIDENT OF 3NO. SANTIPUR PO PS AND DIST GOLAGHAT ASSAM 785621 Page No.# 3/4 8:ABDUL HASIM S/O ISMAIL ALI RESIDENT OF VILLAGE HATIPUKHURI PO RUPAHI PS RUPAHIHAT DIST NAGAON ASSAM 782125 9:BAHARUL ISLAM S/O ROHUL AMIN RESIDENT OF VILLAGE HATIPUKHURI PO RUPAHI PS RUPAHIHAT DIST NAGAON ASSAM 78212 Advocate for the Petitioner : MR. R SHARMA, MR. S K GOSWAMI Advocate for the Respondent : , 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 24.04.2024, passed by the learned Member, Motor Accident claims Tribunal No.2, Kamrup(M) at Guwahati, in MAC Case No.2847/2019.. 2. Mr. R. K. K. Sinha, Regional Manager of the Oriental Insurance Company Limited of the Insurance Company and the claimant No. (1) Asma Khatun, 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. 8,92,291/- has already been paid and withdrawn. Page No.# 4/4 4. The parties present before this Court jointly submit that the matter has been settled between the parties of a balance amount of Rs. 8,92,291/- 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. 8,92,291/- 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. 8,92,291/- 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