MAKANI BAISHYA W/O LT PURNA RAM BAISHYA Vs. REGIONAL MANAGER, NATIONAL INS CO LTD AND ANR
LAWS(GAU)-2018-6-46
HIGH COURT OF GAUHATI
Decided on June 07,2018

Makani Baishya W/O Lt Purna Ram Baishya Appellant
VERSUS
Regional Manager, National Ins Co Ltd And Anr Respondents

JUDGEMENT

Manojit Bhuyan, J. - (1.) Heard Ms. D. D. Roy, learned counsel for the petitioners in all the three writ petitions as well as Ms. R. D. Mozumdar, learned counsel representing all the respondents.
(2.) Grievance raised, common to all the three writ petitions, are that the amount settled between the petitioners and the respondent Insurance Company before the National Lok Adalat held at Guwahati on 12.12.2015 has not been complied with, in that, the amount so settled was not paid. WP(C) 5449/2017 corresponds to MAC Case No. 711/2015, which was pending before the MACT No. 1, Kamrup; WP(C) 5456/2015 corresponds to MAC Case No. 2357/2012, which was pending before the MACT No. No. 2, Kamrup; and WP(C) 5461/2017 corresponds to MAC Case No.1125/2013, which was also pending before the MACT No. 2, Kamrup, Guwahati. Whereas MAC Case No. 711/2015 was settled between the parties at an amount of Rs.7,00,000/-, MAC Case No. 2357/2012 was settled at Rs.2,45,000/-. The other MAC Case No. 1125/2013 was settled at an agreed amount of Rs.6,75,000/-. Consequent upon the settlement arrived at before the National Lok Adalat on 12.12.2015, consequential order for making payment was made by the concerned Tribunal. It would be pertinent to mention that in respect of MAC Case No. 2357/2012 and MAC Case No. 1125/2013, the Presiding Officer of the Tribunal had also ordered payment of interest at the rate of 6% per annum from the date of receipt of the order. As stated above, respective petitioners were constrained to institute the present proceedings because of the alleged illegal and arbitrary action on the part of the respondents in holding back and/or not paying the agreed compensation amount.
(3.) Respective affidavits-in-opposition has been filed by the National Insurance Company. Justification made for holding back payment is on account of a letter dated 07.01.2016 received by the Insurance Company at its office at Kolkata from the Insurance Regulatory Development Authority of India (IRDA) pertaining to vigilance complaints against the National Insurance Company. The said letter from IRDA was issued on the basis of a complaint received by it which makes mention of settlement of false cases of a particular non-practicing Advocate in the National Lok Adalat held on 12.12.2015. The said affidavit also makes mention that pursuant to receipt of the letter from IRDA all cases which had been settled in the Lok Adalat dated 12.12.2015 was put to investigation. Also, that the erring Officers who were signatories/parties to the settlement in the National Lok Adalat have also been charge-sheeted.;


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