Disposed

Oriental Insurance Company Limited v. Sri Kanak Ch Nath and Anr.

Gauhati HC28 Apr 2022MACApp./506/2017

Case brief

AI extract

What is this about?

The Single Judge disposed of an appeal against a MACT award in a motor accident case. The Court approved a settlement wherein the Insurance Company agreed to pay Rs.2,00,000/- to the claimant without interest. The appellant was directed to deposit the balance amount into the registry.

What did the court decide?

Appellant directed to deposit remaining Rs.72,530/- into registry to complete settlement of Rs.2,00,000-/-.

Oriental Insurance Company Limited Vs Sri Kanak Ch… — Motor Accident Claims | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010044722017

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : MACApp./506/2017

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ORIENTAL INSURANCE COMPANY LIMITED

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A CO. REGISTERED AND INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A 25/27 ASAF ALI ROAD, NEW DELHI-2 WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD, ULUBARI, GUWAHATI-7, REPRESENTED BY ITS REGIONAL MANAGER

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VERSUS

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SRI KANAK CH NATH and ANR

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S/O LATE DURLAV CH. NATH, R/O VILL. DIGHAL BORI WEST, P.O. and P.S. RAHA, DIST. NAGAON, ASSAM, PIN 782103

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2:MD. IQBAL HUSSAIN

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S/O MD. ABDUL ZABBAR R/O VILL. AMINPATTY T.S. ROAD P.O. and P.S. SADAR DIST. NAGAON ASSAM

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Advocate for the Petitioner : MR.R C PAUL

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Advocate for the Respondent : MR D MONDAL (R1)

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Page No.# 2/3

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BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG

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ORDER

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Date : 28-04-2022

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Heard Mr. R.C. Paul, learned counsel for the appellant alongwith Mr. D. Mondal, learned counsel for the respondent No.1/claimant.

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This is an appeal arising out of the judgment and award dated 09.03.2017 passed by the learned Member, MACT, Nagaon in MAC Case No.548/2015, where the learned Tribunal had passed an award of Rs.2,54,940/- to be paid within 3 (three) months from the date of judgment and on failing to pay the amount within the stipulated time, the compensation amount shall bear and interest of 7% per annum from the date of filing the claim petition.

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The brief history of the case is that on 9.01.2015 at about 9:20, while the claimant was standing at Lorimukh Center near Kawalmari P.P. at Rupahihat P.S. of the PWD Road, a vehicle bearing registration No.AS-02/F-2816 coming from Samaguri side in a rash and negligent manner knocked down the claimant. As a result of the accident, the claimant sustained grievous injuries.

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The learned Tribunal after adducing evidence from both the parties awarded the aforementioned award against which the appeal has been filed by the appellant/Insurance Company.

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The learned counsel for the appellant and the learned counsel for the respondent have both submitted that they have decided that if the Insurance Company i.e. the appellant is willing to pay Rs.2,00,000/- as final amount without interest, the matter may be settled.

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Page No.# 3/3

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The Court finds that the submissions made by the learned counsels of both the parties to be reasonable and acceptable and in view of the above, the Insurance Company i.e. the appellant is to deposited the amount of Rs.2,00,000/- in the Registry.

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It is seen that the Insurance Company/appellant has already deposited Rs.1,27,470/- into this Registry of this Court vide order of this Court dated 30.10.2017. The appellant is thus to deposit the remaining amount of Rs.72,530/- into this Registry within 6 (six) weeks and thereafter, the opposite party i.e. the respondent claimant is allowed to withdraw the said entire deposited amount which will be Rs.2.00,000/- after due verification.

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The statutory deposit of Rs.25,000/- on the application filed by the Insurance Company may be released.

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MAC. Appeal No. 506/2017 accordingly stands disposed of.

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JUDGE

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Comparing Assistant

Oriental Insurance Company Limited v. Sri Kanak Ch Nath and Anr.

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Oriental Insurance Company Limited v. Sri Kanak Ch Nath and Anr.

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