Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 19943 (GAU)

UNITED INDIA INSURANCE COMPANY LTD v. MONI DOIMARY AND 5 ORS

MACApp./574/2024 · 2025-03-07

Sanjay Kumar Medhi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010221032024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./574/2024 UNITED INDIA INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 24, WHITES ROAD, CHENNAI-600014 AND ITS REGIONAL OFFICE AT CHIBBAR HOUSE, 1ST FLOOR, G.S. ROAD, NEAR DISPUR POST OFFICE, GUWAHATI, KAMRUP(M), PIN-781005 REPRESENTED BY THE REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE. VERSUS MONI DOIMARY AND 5 ORS W/O. LATE KESHAB SWARGEYARI @ SWARGIARI 2:DIBYAJYOTI SWARGEYARI S/O. LATE KESHAB SWARGEYARI @ SWARGIARI 3:CHUBARNA SWARGEYARI @ SWARGIARI @ SUBAN SWARGIARY W/O. DHIREN SWARGEYARI 4:DHIREN SWARGEYARI ALL ARE R/O. BOJPURI BATAHBARI P/S. SAMAGURI DIST.- NAGAON ASSAM PIN-782140. PRESENT ADDRESS- C/O. MONOWARA KHATUN R/O. KATAHBARI P/S. GARCHUK DIST.- KAMRUP(M) ASSAM PIN-781035. (RESPONDENT NO. 2 BEING MINOR WILL BE REPRESENTED BY THE RESPONDENT NO. 1) Page No.# 2/4 5:MAHADEV BARH S/O. CHANDI CHARAN BARH R/O. UTTAR SONAMUI P/S. UTTAR SONAMUI P/S. TAMLUK DIST.-PURBA MEDINIPUR WEST BENGAL PIN-721458. 6:SUBRATA SAHU S/O. SUKUMAR SAHU R/O. BALICHAR P/O. BALICHAR P/S. TAMLUK DIST.- PURBA MEDINIPUR WEST BENGAL PIN-721458 Advocate for the Petitioner : MR T KALITA, MR. A KAKATI Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 08.03.2025 This is an appeal filed by the appellant- United India Insurance Company Ltd. (for short Insurance Company) against the judgment and award dated 03.08.2024 passed by the Learned Member, Motor Accident Claims Tribunal No.3, Kamrup (M) in MAC Case No.814/2019. 2. Shri Swapan Maji, Regional Manager of the Insurance Company and the claimant No.1 – Smti. Min Moni Doimary, wife of the deceased and the claimant No. 3 – Smti. Chubarna Swargeyari @ Suban Swargiary, mother of the deceased along with their learned counsel are present today i.e., 08.03.2025 in the National Lok Adalat. Page No.# 3/4 3. The parties present before this Court jointly submit that the matter has been settled between the parties and a lump sum amount of Rs.21,12,500/-, has been agreed upon. 4. It is informed that an amount of Rs.8,12,500, out of the settled amount has already been paid and is lying in the Registry. It is also informed that the claimant no. 4, who was the father of the deceased, has passed away. 5. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the balance amount of Rs.13,00,000/-, which is being the full and final settlement before the Registry of this Court within a period of 45 days from today. 6. The manner of release of the entire amount of Rs.21,12,500/- would be in the following terms: i) Out of the aforesaid awarded amount, Rs.10,00,000/- is directed to be released to the claimant no. 1 – Smti. Min Moni Doimary (wife of the deceased) and an amount of Rs.6,12,500/- is directed to be released to the claimant no. 3 – Smti. Chubarna Swargeyari @ Suban Swargiary (mother of the deceased) and the remaining amount of Rs.5,00,000/- is directed to be deposited in a Fixed Deposit scheme in the name of claimant no.2 – Shri Dibyajyoti Swargeyari (son of the deceased), who is a minor to be represented by his mother, in any nationalized bank for a period of 3 years with a renewable clauses. 7. The claimant Nos. 1 and 3 would be at liberty to withdraw the aforesaid amount on being properly identified by their learned counsel. 8. The statutory deposit of Rs.25,000/- made by the Insurance Company at Page No.# 4/4 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, if any. JUDGE Comparing Assistant