High CourtsSingle Bench(2021) 07 GAU CK 0036

National Insurance Company Limited vs Anjoli Gogoi And 6 Ors.

Gauhati High Court · Decided on 10 July 2021

HON’BLE JUDGES
Kalyan Rai Surana, J
RESULT
Disposed Of
CASE NUMBER
Interlocutory Application (Civil) No. 1579 Of 2020

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Judgment

16 paragraphs · 313 words

Due to Covid-19 protocol in force, the matter has been taken up by remote video conferencing mode.

Heard Ms. M. Pegu, Regional Manager, National Insurance Company appears for the applicant and Mr. P. Kataki, learned counsel for the

respondent nos.1, 4, 5, 6 and 7.

After negotiated settlement, the parties have agreed that on deposit of the total settlement amount of Rs.16,50,000/- (Rupees sixteen lakh fifty

thousand only) by the applicant in favour of the respondent no.1, the same would be in full and final settlement of all the claims made in MAC case no.

7/2017, wherein order and award dated 19.01.2019 has been passed by the learned Member, MACT, Sivasagar for a sum of Rs.15,24,000/- with

interest. The learned counsel for the respondent nos. 1 and 4 to 7 has submitted that the respondent no.1 holds no objection from the respondent nos. 4

to 7 so as to get the award and/or settlement amount in her account.

Accordingly, the National Insurance Company Limited shall deposit the agreed settlement amount of Rs.16,50,000/- (Rupees sixteen lakh fifty

thousand only) before the learned member, MACT, Sivasagar within a period of 1 month.

It is provided that on such deposit being made, the learned Tribunal shall release the settlement amount to the respondent no.1 on the strength of the

“no-objectionâ€​ given by the respondent nos.4, 5, 6 and 7, on being satisfied as to her identity.

It is made clear that on failure of the National Insurance Company Limited to deposit the settlement amount within the time allowed, it would be open

to the respondent no.1 to enforce the settlement amount.

On the proof of such deposit being submitted before the Registry, the Registry shall release the statutory deposit of Rs.25,000/- to the applicant.

This settlement disposes of this IA as well as the un-numbered MAC appeal under filing no.5738/2020 as well as a connected IA.