Mr. D. Laskar, learned counsel, appearing for the appellant is present. Ms. N. Borah, learned counsel, for the respondent along with Sri Sarat Borah, respondent in person are also present.
A joint application under Order XXIII Rule 3 of CPC is filed for drawing up an order disposing of this appeal and the relevant contents of the said joint application is extracted herein below.
“2. That during the pendency of the present appeal case both the appellant and the respondent have settled the matter amicably outside the court agreed/compromised to an amount of Rs. 99,000/- (Rupees ninety nine thousand) only including all liability which the appellant New India Assurance Company Ltd has agreed and to receive the said amount by the respondent Mr. Sarat Ch. Bora as full and final settlement of the case.
3. That in view of the aforesaid facts and amicable settlement of the case between the appellant and the respondent, the Hon’ble Commission may kindly be passed the necessary order to make payment of Rs. 99,000/- (Rupees ninety nine thousand) only in favour of the respondent within a reasonable period of time and the instant appeal stands withdrawn on payment of Rs. 99,000/- under the provision of Order XXXIII Rule 3 of CPC, 1908.”
The said petition is jointly verified. Sri Bora who is personally present today, answered to the query of this Commission that having gone through the joint application , he signed and verified the same on his own having understood the contents thereof. On 28-8-2023 an application was filed by the official of the New India Assurance Company Ltd through his counsel SK. Ramjan Ali supporting the fact the joint compromise petition is filed today. In view of the same, we accept the joint application and accordingly pass an order directing the appellant insurance company to deposit a sum of Rs. 99,000/- within a period of 30 days from today before the learned Commission below, Kamrup at Guwahati.
Accordingly, the appeal stands disposed of.
Statutory amount of Rs. 25,000/- deposited by the appellant at the time of filing the appeal shall be returned to the appellant or their authorized agent on proper identification.
Send back the LCR along with a copy of this order to the learned Commission below, Kamtup at Guwahati,