Judgment:
S.N. Phukan, President:
1. After hearing the learned counsel for the parties we propose to dispose of the present petition with the appropriate direction.
2. The Maruti Car bearing Registration No. ML-04-Q3-0349 was purchased by late Branly Dahar of Jowai, Meghalaya at a sum of Rs. 1,10,000/-. There was a hire purchase agreement with the present petitioner viz. Assam Motor Finance Company Ltd., A.T. Road, Guwahati. Unfortunately, the car met with an accident and the owner died. As the vehicle was insured with the opposite party No. 1 viz. Oriental Insurance Company Ltd., a claim was lodged by the financer for the value of the car/vehicle. The amount was not paid by the Insurance Company for non-production of some documents as recorded in our order dated 23.3.91. In other words the Insurance Company wanted to ascertain the position whether the other legal heirs have got any claim over the above sum. As per direction issued by the said order an affidavit has been filed which was sown by the wife of the deceased. In the said affidavit it has been stated that her husband paid a sum of Rs. 45,000/- initially and thereafter the 1st instalment of Rs. 5,700/-. In para 4 of the affidavit she has categorically stated that if the amount is paid to the financer i.e. the petitioner herein, she will get the amount from the financer in view of the agreement between the parties.
3. After hearing the learned counsel for the parties and on perusal of the records including the said affidavit, we direct as follows :
(i) The insurance company shall pay the sum of Rs. 1,10,000/- within a month from today. The amount shall be paid to the petitioner viz. M/s Assam Motor Finance Company Ltd. and at the time of receiving the amount the petitioner shall give an undertaking to the Insurance Company viz. Oriental Insurance Company that the claim of the wife of the deceased will be satisfied.
(ii) Thereafter within a period of 15 days the present petitioner shall pay the amount to the wife of the deceased Smt. Marbing Shyrmong, Jowai and obtain a discharge certificate from her. The said certificate shall be filed with the Insurance Company within a period of 10 days thereafter and a copy shall also be furnished to the Registrar of the Commission for the purpose of record of the Commission.
Mr. Sahewalla prays that interest may also be granted against the Insurance Company for the detention of the money. We are not inclined to grant the prayer in this proceedings However, it will be opened for the petitioner to approach the appropriate forum, if so advised.
With the above direction, the petition is disposed of.