High CourtsSingle Bench(2021) 07 GAU CK 0039

Oriental Insurance Company Limited vs Neowarun Nessa And 4 Ors

Gauhati High Court · Decided on 10 July 2021

HON’BLE JUDGES
Kalyan Rai Surana, J
CASE NUMBER
Motor Accident Appeal No. 369 Of 2018

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Judgment

16 paragraphs · 300 words

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

Heard Mr. R. Ganguly, Assistant manager, Oriental Insurance Company Limited, the appellant herein and Mr. M. Talukdar, learned counsel for the

respondent nos. 1 to 4.

After negotiated settlement, the parties have agreed for total settlement amount of Rs.10,50,000/- (Rupees ten lakh fifty thousand only) as full and

final payment of all claims of the respondent nos. 1 to 4 in respect of MAC Case No. 94/2015, in which award has been passed on 30.06.2017 by the

learned Member, MACT Karimganj. The said amount shall be subject to adjustment of Rs.6,54,850/- (Rupees six lakh fifty four eight hundred fifty

only), deposited by the appellant before the Registry of this Court. Accordingly, the appellant and the respondent no. 1 have agreed that the appellant

deposit the balance settlement amount of Rs.3,95,150/- (Rupees three lakh ninety five thousand one hundred fifty only) before the Registry of this

Court within a period of 4 (four) weeks from today.

On such balance settlement amount being deposited, the Registry shall convert a sum of Rs.6,00,000/- (Rupees six lakh only) into 3 (three) fixed

deposit receipts in a nationalized bank in equal proportion of Rs.2,00,000/- (Rupees two lakh only) each in the name of respondent nos.2, 3 and 4 till

they attain majority and/or for a tenure of one year whichever is longer. The balance amount shall be released by the Registry to the respondent no.1

on being identified by her learned counsel.

In the event the settlement amount is not deposited within the time allowed, it would be open for the respondent nos. 1 to 4 to enforce the settlement

amount.

On such deposit being made, the Registry shall release the statutory deposit of Rs.25,000/- to the appellant.