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2025 DAILYLAW 18174 (GAU)

THE ORIENTAL INSURANCE CO LTD v. SHYAMALI MODAK AND 6 ORS

MACApp./496/2024 · 2025-03-07

Sanjay Kumar Medhi

body2025

Judgment text

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Page No.# 1/3 GAHC010190602024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./496/2024 THE ORIENTAL INSURANCE CO LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, REPRESENTED BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI-7, DIST. KAMRUP, ASSAM. VERSUS SHYAMALI MODAK AND 6 ORS W/O. LATE JIBAN CH. MODAK @ JIBAN MODAK 2:SRI. JAYANTA MODAK S/O. LATE JIBAN CH. MODAK @ JIBAN MODAK 3:MISS JOYSHREE MODAK D/O. LATE JIBAN CH. MODAK @ JIBAN MODAK 4:SMT. GIRIBALA MODAK W/O. LATE JIBAN CH. MODAK @ JIBAN MODAK. ALL ARE RESIDENT OF VILL.- BISHAKHOBA PART-1 P/S. GOLAKGANI DIST. DHUBRI ASSAM. (THE CLAIMANT NO.2 AND 3 BEING MINOR SHALL BE REPRESENTED BY THEIR MOTHER i.e. CLAIMANT NO.1) 5:GYANJYOTI EDUCATION FOUNDATION C/O. SRI AMIT AGARWAL R/O. PRAKASH TOWER ABC G.S. ROAD P/S. BHANGAGARH GUWAHATI PIN-781005 Page No.# 2/3 DIST. KAMRUP(M) ASSAM 6:SRI KABIR BISWAKARMA S/O. SRI. RAM BISWAKARMA R/O. GOIBARI P/O. AND P/S. TAMALPUR PIN-781367 DIST. BAKSA BTAD. TEMPORARY ADDRESS- R/O. SENIOR OFFICERS COLONEY BLOCK D-4 KHANAPARA WARD NO.59 GUWAHATI PIN-781022 DIST. KAMRUP(M) ASSAM. 7:TATA AIG GENERAL INSURANCE CO. LTD. REPRESENTED BY ITS GENERAL MANAGER MAYUR GARDEN 3RD FLOOR OPPOSITE HDFC BANK BHANGAGARH G.S. ROAD GUWAHATI.PIN-781005 Advocate for the Petitioner : MR. S K GOSWAMI, MR. R SHARMA Advocate for the Respondent : MR. A R AGARWALA (R-1,2,3), MR ADITYA AGARWALA(R- 1,2,3) 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 21.06.2024 passed by the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup(M), Guwahati in MAC Case No. Page No.# 3/3 739/2019. 2. Mr. R. K. K. Sinha, Regional Manager of the Oriental Insurance Company Limited of the Insurance Company and the claimant No. (1) Shyamali Modak, 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counsel for the claimant submits that out of the awarded amount, an amount of Rs. 10,05,700/- has already been paid and withdrawn. 4.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. 10,05,700/- 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. 10,05,700/- 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. 10,05,700/- 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