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2025 DAILYLAW 24610 (GAU)

THE ORIENTAL INSURANCE CO. LTD. v. TAHARAN NESSA AND 3 ORS.

MFA/69/2022 · 2025-12-12

Kardak Ete

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Judgment text

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Page No.# 1/4 GAHC010120902022 2025:GAU-AS:17297 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MFA/69/2022 THE ORIENTAL INSURANCE CO. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956. REPRESENTED BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI-7. VERSUS TAHARAN NESSA AND 3 ORS. W/O- LATE IBRAHIM ALI 2:ESMAHIL ALI S/O- LATE ATABUR RAHMAN 3:SHIRAJ ALI S/O- LATE MAHEB ALI ALL ARE RESIDENT OF VILL.- DAKHIN CHENIMARI P.S. LAHARIGHAT DIST. MORIGAON ASSAM PIN- 782127. AND PRESENTLY RESIDING AT C/O- MONOWARA KHATUN R/O- KATAHBARI P.S. GORCHUK DIST. KAMRUP(M) ASSAM. (THE RESPONDENT NO. 2 BEING MINOR REPRESENTED BY RESPONDENT NO. 1 BEING MOTHER). 4:MR. SURHAB ALI S/O- LATE RUSTAM ALI R/O- KATHANIGAON P.O. KATHANI P.S. LAHARIGHAT DIST. MORIGAON ASSAM PIN- 782127 Page No.# 2/4 Advocate for the Petitioner : MR. S K GOSWAMI, MR. R SHARMA Advocate for the Respondent : MR. A R AGARWALA, Linked Case : I.A.(Civil)/2505/2022 TAHARAN NESSA AND 2 ORS. W/O- LATE IBRAHIM ALI R/O VILL-DAKHIN CHENIMARI P.S.-LAHARIGHAT DIST-MORIGAON (ASSAM) 2: ISMAIL ALI S/O LATE SONESWAR BORO R/O VILL-DAKHIN CHENIMARI P.S.-LAHARIGHAT DIST-MORIGAON (ASSAM) (APPLICANT NO. 2 IS MINOR AND HENCE REPRESENTED BY APPLICANT NO. 1) 3: SHIRAJ ALI S/O LATE MAHEB ALI R/O VILL-DAKHIN CHENIMARI P.S.-LAHARIGHAT DIST-MORIGAON (ASSAM) VERSUS THE ORIENTAL INSURANCE COMPANY LTD. REPRESENTED BY ITS REGIONAL MANAGER G.S. ROAD ULUABRI P.O.-GUWAHATI-781007 DIST-KAMRUP(M) ASSAM ------------ Advocate for : MR. A R AGARWALA Advocate for : MR. S K GOSWAMI appearing for THE ORIENTAL INSURANCE COMPANY LTD. Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE Name of the Conciliatiors: 1. Ms. Jahnavi Baruah 2. Mr. Imrul Hassan ORDER The case is brought before the National Lok Adalat for adjudication. The Oriental Insurance Company Ltd. is represented by its duly authorized officials, namely, Mr. R. K. K. Sinha, Regional Manager and Mr. R. C. Pathak, Manager. The Claimant, namely, Taharan Nessa, is present in person, along with her engaged counsel, Mr. A. R. Agarwala. It is submitted that the awarded amount was Rs. 11,25,000/- (Rupees Eleven Lakh Twenty-Five Thousand Only). After negotiations, both parties have mutually agreed to settle the matter for a sum of Rs. 10,25,000/- (Rupees Ten Lakh Twenty-Five Thousand Only) as full and final settlement of the claim, of which Rs. 5,62,500/- (Rupees Five Lakh Sixty-Two Thousand Five Hundred Only) has already been paid and the remaining additional amount of Rs. 4,62,500/- (Rupees Four Lakh Sixty- Two Thousand Five Hundred Only) is to be paid. Accordingly, the Appellant, The Oriental Insurance Company Ltd., is hereby directed to deposit the sum of Rs. 4,62,500/- (Rupees Four Lakh Sixty-Two Thousand Five Hundred Only) before the Registry of this Court, within one month from the date of this order. Page No.# 4/4 The Claimant, Taharan Nessa, is permitted to withdraw the deposited amount upon proper verification and identification. The Registry to refund the statutory deposit of Rs. 25,000/- (Rupees Twenty-Five Thousand Only) to the Insurance Company. The appeal and the connected interlocutory application, stand disposed of in terms above. JUDGE Comparing Assistant