Assam

StateCommission

A/12/2023

New India Assurance Co. Ltd. - Complainant(s)

Versus

Sarat Ch Bora - Opp.Party(s)

Mr. Sk Ramzan Ali

25 Aug 2023

ORDER

BEFORE THE ASSAM STATE CONSUMER DISPUTES REDRESSAL COMMISSION
GUWAHATI
 
First Appeal No. A/12/2023
( Date of Filing : 31 Mar 2023 )
(Arisen out of Order Dated 22/07/2022 in Case No. CC/14/2013 of District Kamrup)
 
1. New India Assurance Co. Ltd.
North Eastern Regional Office, Star City Complex, 5th Floor, G. S. Road, Near Hanuman Mandir, Guwahati-781007
Kamrup(M)
Assam
...........Appellant(s)
Versus
1. Sarat Ch Bora
S/O Late Ekadahiya Bora R/O House No. 34, Urmi Bhawan, Zoo Narangi Road, Guwahati-781024
Kamrup(M)
Assam
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Prasanta Kumar Deka PRESIDENT
 HON'BLE MRS. Soneka Borah MEMBER
 HON'BLE MR. Tapas Kumar Ghosh MEMBER
 
PRESENT:Mr. D. Laskar,Advocate, Proxy for Mr. Sk Ramzan Ali, Advocate for for the Appellant 1
 Ms. N. Borah,Advocate, for Mr. S. Khound, Advocate for the Respondent 1
Dated : 25 Aug 2023
Final Order / Judgement

                       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ninety nine thousand) only in favour of the respondent within a reasonable period of time and the instant appeal stands withdrawn on payment of Rs. 99,000/- under the provision of Order XXXIII Rule 3 of CPC, 1908.”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,

 
 
[HON'BLE MR. JUSTICE Prasanta Kumar Deka]
PRESIDENT
 
 
[HON'BLE MRS. Soneka Borah]
MEMBER
 
 
[HON'BLE MR. Tapas Kumar Ghosh]
MEMBER
 

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