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2025 DAILYLAW 8643 (GAU)

ORIENTAL INSURANCE COMPANY LTD v. MAMANI THAKURIA AND 4 ORS

I.A.(Civil)/730/2024 · 2025-03-07

Sanjay Kumar Medhi

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Judgment text

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Page No.# 1/4 GAHC010045562024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/730/2024 ORIENTAL INSURANCE COMPANY LTD HAVING ITS REGIONAL OFFICE AT GUWAHATI GS ROAD, ULUBARI, GUWAHATI 781007 REPRESENTED BY THE DEPUTY MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI, GUWAHATI 781007 VERSUS MAMANI THAKURIA AND 4 ORS W/O LATE JAGADISH THAKURIA, RESIDENT OF VILLAGE SARPARA, HOUSE NO. 100, MIRZA ROAD, NEAR R.B HIGH SCHOOL, PO SARPARA, PS PALASHBARI, DIST KAMRUP ASSAM 781122 CORESSPONDING ADDRESS C/O MINTU DAS, NOWJAN ROAD, UZANBAZAR, GUWAHATI, PO UZANBAZAR ,GUWAHATI DIST KAMRUP M ASSAM 781001 2:BARASHA THAKURIA D/O LATE JAGADISH THAKURIA RESIDENT OF VILLAGE SARPARA HOUSE NO. 100 MIRZA ROAD NEAR R.B HIGH SCHOOL PO SARPARA PS PALASHBARI DIST KAMRUP ASSAM 781122 CORESSPONDING ADDRESS C/O MINTU DAS NOWJAN ROAD UZANBAZAR GUWAHATI PO UZANBAZAR Page No.# 2/4 GUWAHATI DIST KAMRUP M ASSAM 781001 TO BE REP. BY RES. NO. 1 3:CHAYAMONI THAKURIA D/O LATE JAGADISH THAKURIA RESIDENT OF VILLAGE SARPARA HOUSE NO. 100 MIRZA ROAD NEAR R.B HIGH SCHOOL PO SARPARA PS PALASHBARI DIST KAMRUP ASSAM 781122 CORESSPONDING ADDRESS C/O MINTU DAS NOWJAN ROAD UZANBAZAR GUWAHATI PO UZANBAZAR GUWAHATI DIST KAMRUP M ASSAM 781001 TO BE REP. BY RES. NO. 1 4:SRI PRASANNA DAS S/O BHARAT DAS VILLAGE KOKBARI KOKJHAR (BAZARAPARA) PO AND PS PALASHBARI DIST KAMRUP ASSAM 781126 5:DHARMENDRA DAS S/O SUNANDA DAS RESIDENT OF VILLAGE KAHARPARA PO RANI PS PALASHBARI DIST KAMRUP ASSAM 78113 Advocate for the Petitioner : MS. R D MOZUMDAR, MR. S P SHARMA,MS. C MOZUMDAR Advocate for the Respondent : , Linked Case : ORIENTAL INSURANCE COMPANY LTD Page No.# 3/4 VERSUS MAMANI THAKURIA AND 4 ORS E ------------ Advocate for : MS. R D MOZUMDAR Advocate for : appearing for MAMANI THAKURIA AND 4 ORS E 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 6/10/2023 passed by the learned Member, Motor Accident Claims Tribunal, No.2 Kamrup (M) in MAC Case No.1310/2021. 2. Mr. R. K. K. Sinha, Regional Manager of the Oriental Insurance Company Limited of the Insurance Company and the claimant No. (1) Mamani Thakuria, (2) Barasha Thakuria, and (3) Chayamoni Thakuria along with their learned counsel, 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.25,00,000/- has been agreed upon. 4. The learned counsel for the appellant submits that the awarded amount has already been paid. 5. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the amount of Rs.25,00,000/- being the full and final settlement before the Registry of this Court within a period of 45 days Page No.# 4/4 from today in the following manner: i. Rs. 15,00,000/- Claimant No.1 - Mamani Thakuria; ii. Rs. 5,00,000/- Claimant No.2 - Barasha Thakuria; and iii. Rs. 5,00,000/- Claimant No.3 - Chayamoni Thakuria 6. The amount of Rs. 5,00,000/- each to be paid to the claimant No.2 and claimant No.3 shall be deposited in the form of FD for three years with renewable clause and minors are to be represented by their mother. 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