Settlement reached in the matter of Rs. 21.5 lakhs. Insurance company to pay remaining balance to claimants via MACT, Silchar, within 45 days.
Insurance Company to pay remaining Rs. 11,03,500/- to claimants via MACT, Silchar within 45 days; statutory deposit returned to Insurance Company.
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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GAHC010004412023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./45/2023
THE ORIENTAL INSURANCE CO. LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT, REPRESENTED BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI- 7, DIST.- KAMRUP, ASSAM.
VERSUS
MUSSTT. AMIRUN NESSA LASKAR AND 6 ORS. W/O LATE APTAR HUSSAIN LASKAR @ APTAR HUSSAIN @ AFTAR HUSSAIN.
2:MD. MONIR UDDIN LASKAR S/O LATE HAJI MOSHID ALI LASKAR.
3:MD. ANOWAR HUSSAIN LASKAR S/O MD. MONIR UDDIN LASKAR.
4:MD. NAJMUL HUSSAIN LASKAR S/O MD. MONIR UDDIN LASKAR.
5:MUSTT. ALPANA BEGUM LASKAR D/O MD. MONIR UDDIN LASKAR
ALL ARE RESIDENT OFVILL.- RAJNAGAR
P.O.- BIDYA RATANPUR
P.S.- DHOLAI
DIST.- CACHAR ASSAM
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PIN-
6:MD. MONIR UDDIN BARBHUIYA S/O SARAFAT ALI BARBHUIYA
VILL.- SAPTAGRAM P.O. AND P.S.- DHOLAI
DIST.- CACHAR ASSAM PIN- 788114. 7:MD. AMIR HUSSAIN MAZUMDAR S/O SIDDAK ALI MAZUMDAR
VILL.- SAPTAGRAM
P.O. AND P.S.- DHOLAI
DIST.- CACHAR ASSAM PIN- 788114
Advocate for the Petitioner : MR. B K GOSWAMI
Advocate for the Respondent : MR. M TALUKDAR (r-1,3 TO 5)
Date : 13-05-2023
PRESENT
HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
Name of the conciliators: Ms. Nirupama Baruah and
Mr. Debashish Bhattacharya
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ORDER
The Insurance Company is represented by its officials. The claimants are represented by the learned counsel(s).
The case is settled at Rs. 21, 50,000/- (Rupees Twenty-One Lakhs Fifty Thousand) only as full and final settlement.
Out of the aforesaid amount Rs. 10, 46,500/- (Rupees Ten Lakhs Forty-Six Thousand and Five Hundred) has already been paid. Now, the Insurance Company shall pay the remaining amount of Rs. 11, 03,500/- to the claimants.
The Insurance Company shall deposit the said amount in the MACT, Silchar, within next 45(forty-five) days.
The settled amount shall be disbursed in favour of Amirun Nessa Laskar, Claimant No. 1.
The statutory deposit of Rs. 25,000/- shall be returned to the Insurance Company.
LCR shall be returned immediately.
The claimants shall have the liberty to withdraw the amount on being proper identified by the concerned counsel of the case.
The matter stands disposed of.
JUDGE
Comparing Assistant
The Oriental Insurance Co. Ltd.
Musstt. Amirun Nessa Laskar and 6 Ors.
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
