The High Court disposed of the MAC appeal after the parties mutually settled the claim. The Insurance Company was directed to deposit the balance settlement amount within 45 days.
Order directed deposit of balance settlement amount by appellant and refund of statutory deposit to appellant within 45 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010002802015
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./43/2018
THE ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED AND HEAD OFFICE AT ICICI BANK TOWERS, BANDRA KURLA COMPLEX,MUMBAI 400051 AND ONE OF THE REGIONAL OFFICE AT APPEJAY HOUSE, PARK STREET, KOLKATTA 700016 AND ONE OF THE BRANCH OFFICES AT G S ROAD, RUKHMINIGAON GUWAHATI
VERSUS
SMTI SURABALA NATH VILLAGE BARHARID PO AND PS SORBHOG
2:BULBULI NATH VILLAGE BARHARID PO AND PS SORBHOG
3:BABUL NATH VILLAGE BARHARID PO AND PS SORBHOG
4:HARADHAN NATH R/O SUKANTA PALLY WARD NO II PO AND PS BARPETA ROAD
5:SURYA KANTA PAUL R/O SIMLALAGURI PS BARPETA ROAD
6:PUNJ LOYED LIMITED VILLAGE BAREGAON PO AND PS BARPETA ROAD
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7:BILAL HUSSIAN VILLAGE CHENGLIA PO AND PS SORBHO
Advocate for the Petitioner : MR A J SAIKIA
Advocate for the Respondent : MR A K ROY
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
12.11.2022
This is an appeal filed by the appellant against the Judgment and Award dated 01.06.2015, passed by the learned Member, MACT No. 2, Kamrup, Guwahati in M.A.C. Case No. 436/2012.
The appellant is represented by Mr. K. Bora.
The claimant is present in person.
The parties have mutually come to a settlement of full and final amount of Rs. 9,17,500/- (Rupees Nine Lakhs Seventeen Thousand and Five Hundred) out of which Rs. 3,57,500/- (Rupees Three Lakhs and Fifty-Seven Thousand and Five Hundred) was earlier deposited before the Registry of this Court. The Insurance Company is accordingly required to deposit the balance amount of Rs. 5, 60,000/- (Rupees Five Lakhs and Sixty Thousand) within a period of 45 days from today before the Registry of this Court.
The said amount would be released to the claimant on being properly identified by the learned counsel for the claimant.
The statutory deposit of Rs. 25,000/- made by the Insurance Company at
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the time of filing of the appeal would be refunded by the Registry of this Court to the Insurance Company within the said period of 45 days.
A memo of settlement is made a part of the record.
The MAC appeal stands disposed of.
JUDGE
Comparing Assistant
The ICICI Lombard General Insurance Company Limited
Smti Surabala Nath
Susmita Phukan Khaund
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
