Dismissed

United India Insurance Company Ltd. v. Smti Binita Kalita and 5 Ors.

Gauhati HC9 Dec 2023MACApp./855/2018

Case brief

AI extract

What is this about?

In an insurance appeal, the court recorded an in-camera settlement where parties agreed to a full and final payment of Rs. 10 lacs, directing the appellant insurer to deposit the amount within 60 days and allow claimants to withdraw earlier funds.

What did the court decide?

Appellant to deposit Rs. 10 lacs within 60 days; claimants allowed withdrawal of Rs. 7,65,500 and Rs. 2 lacs via fixed deposit for minor.

United India Insurance Company Ltd. Vs Smti Binita Kalita and 5 Ors. — Insurance | Gauhati HC (2023)

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Page No.# 1/2

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GAHC010002652015

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

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Case No. : MACApp./855/2018

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UNITED INDIA INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 24 WHITES ROAD, CHENNAI AND ITS REGIONAL OFFICE AT G.S. ROAD, DISPUR, GUWAHATI AND REPRESENTED BY CHIEF REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE, G.S. ROAD, DISPUR, GUWAHATI.

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VERSUS

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SMTI BINITA KALITA and 5 ORS W/O LATE AMULYA KALITA

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2:MST. JUNTI KALITA

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D/O LATE AMULYA KALITA

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3:MST. MANAS KALITA S/O LATE AMULYA KALITA

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4:MISS BANITA KALITA

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D/O LATE AMULYA KALITA ALL ARE R/O BHAGABATI PARA P.O. RAMPUR DIST. KAMRUP ASSAM RESPONDENT NO. 2 3

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and 4 BEING MINORS ARE REPRESENTED BY RESPONDENT NO. 1 MOTHER

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5:SAHANUR ALI

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Page No.# 2/2

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S/O SULTAN ALI R/O SIMINA P.S. PALASHBARI DIST. KAMRUP ASSAM OWNER OF THE VEHICLE NO. AS01/L-6662 TRUCK

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6:MD. EYAKUB ALI

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S/O KHARSED ALI R/O FATURAI P.S. PALASHBARI DIST. KAMRUP ASSAM DRIVER OF THE VEHICLE NO. AS-01/L-6662 TRUC

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Advocate for the Petitioner : MR. R GOSWAMI

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Advocate for the Respondent : MS. P BHATTACHARYA (R-1)

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BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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ORDER

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Date : 09-12-2023

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The claimant Smt. Binita Kalita-respondent herein is personally present and she has represented the other claimants as she is the mother of the other claimants Mst. Junti Kalita, Mst. Manas Kalita and Miss Banita Kalita. Learned counsel Mr. Sanjay Singh is also present. Mr. A.M. Choudhury, Regional Manager of the United India Assurance Company Limited is present on behalf of the insurer.

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Both the parties have agreed to settle this matter for an additional amount of Rs. 10,00,000/- (Rupees Ten lacs only) as full and final settlement as agreed between the parties. Earlier Rs. 7,65,500/- was already deposited in the Registry which has been received by the claimant.

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The claimants/respondent Nos. 2 and 3 have attained majority so at present an amount of Rs. 2 lacs is to be deposited as Long Term Fixed Deposit in the name of respondent No. 4 Miss Banita Kalita who is a minor.

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The Insurance Company is directed to pay the settled amount of Rs. 10 lacs before the Registry of this Court within 60 days.

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The claimants may be allowed to withdraw the amount from the Registry of this Court. The insurer Insurance Company is allowed to withdraw statutory deposit amount of Rs. 25,000/-.

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JUDGE

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Comparing Assistant

United India Insurance Company Ltd. v. Smti Binita Kalita and 5 Ors.

Case brief

What is this about?

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United India Insurance Company Ltd. v. Smti Binita Kalita and 5 Ors.

Case brief

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