New India Assurance Company Ltd vs Sri Mantu Saikia And 2 Ors
2021 Latest Caselaw 1439 Gua

                                                                     Page No.# 1/3

GAHC010106302019




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                            I.A.(Civil)/1655/2019 In
                            MAC App. No.3193/2019

         NEW INDIA ASSURANCE COMPANY LTD.,
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87, M.G. ROAD,
         FORT, MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH
         FLOOR, LACHIT NAGAR, NEAR HANUMAN MNDIR, G.S. ROAD,
         GUWAHATI- 781007.



         VERSUS

         SRI MANTU SAIKIA AND 2 ORS.
         S/O- SRI SARUKON SAIKIA, R/O- VILL.- BURBHANDA, P.S. AND P.O.-
         MORIGAON, DIST.- MORIGAON, ASSAM, PIN- 782105.

         2:SRI DIPEN RAHANG
          S/O- SRI DHIREN RAHANG
          R/O- VILL.- PATARKUCHI
          P.O. BELTOLA CHARIALI
          P.S. BASISTHA
          DIST.- KAMRUP
         ASSAM
          PIN- 781029. (OWNER OF THE VEHICLE NO. AS-01-CC-9069 (TRUCK).

         3:SRI BINOD BORA
          S/O- SRI BIREN BORA
          R/O- VILL.- UTTAR MADHURI BILL
          P.O. MAZENGJULI
          P.S. MISSAMARI
          DIST.- SONITPUR
         ASSAM
          PIN- 784506. (DRIVER OF THE VEHICLE NO. AS-01-CC-9069 (TRUCK).
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Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent :




                                     BEFORE
                    HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                           ORDER

Date : 10-04-2021

This is an appeal filed by the appellant-New India Assurance Company Ltd. (for short Insurance Company) against the judgment and award dated 01.11.2018 passed by the Addl. District Judge (FTC) No.3 acting as MACT, Kamrup (M), Guwahati (for short MACT Kamrup) in MAC Case No. 445 /2013 whereby an amount of Rs.5,73,600/-, as compensation, directed to be paid by the appellant-Insurance Company to the claimants-respondents.

Shri J Gupta, Regional Manager as well as Ms. H Haflongbar, Assistant Manager, New India Assurance Company Ltd. are present today i.e., 10.04.2021 in the National Lok Adalat. The claimant-Shri Mantu Saikia is also present along with his learned Counsel, Shri B Barman.

The parties present before this Court jointly submit that the matter has been settled outside the Court and an amount Rs.4,40,000/- as full and final settlement has been agreed upon.

In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the amount of Rs.4,40,000/- being the full and final settlement before the Registry of this Court within a period of 6 weeks from today.

The claimants would be at liberty to withdraw the amount on being properly identified by their learned Counsel.

The statutory deposit of Rs.25,000/- made by the Insurance Company at the time of filing of the appeal would be refunded by the Registry of this Court to the Insurance Company within the said period of 6 weeks.

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Both the Interlocutory Application and the MAC Appeal stand disposed of.

JUDGE

Comparing Assistant