The New India Assurance Co. Ltd vs Shri Raju Lahoti And 2 Ors
2021 Latest Caselaw 1442 Gua

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GAHC010170462017




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



                          Case No. : MACApp./730/2018


         THE NEW INDIA ASSURANCE CO. LTD
         HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE
         BUILDING 87 MAHATMA GANDHI ROAD, FORT MUMBAI 400001 AND ONE
         OF THE REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI
         781005 AND VARIOUS DIVISIONAL BRANCH AND MICRO OFFICES
         THROUGHOUT THE COUNTRY

         VERSUS

         SHRI RAJU LAHOTI and 2 ORS
         S/O MEGHRAJ LAHOTI, VILL. WARD NO. 4, MORIGAON, P.O. and P.S.
         MORIGAON, DIST. MORIGAON, ASSAM, PIN 782105

         2:RAJU DEBNATH

          C/O SHAAN BATTERY
          LALMATI
          BASISTHA CHARIALI
          P.S. BASISTHA
          DIST. KAMRUP M
          GUWAHATI
          ASSAM
          PIN 781029

         3:BISHNU KUMAR SAHANI

          S/O JANARDAN SAHANI
          VIL. LOKHRA CHARIALI
          P.S. BASISTHA
          DIST. KAMRUP M
          GUWAHATI
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             ASSAM
             PIN 78103

Advocate for the Petitioner   : MR. A J SAIKIA

Advocate for the Respondent : MR. K KALITA


                                          BEFORE

                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

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 06.09.2016 passed by the Motor Accident Claims Tribunal No.3, Kamrup (M), Guwahati (for short MACT, Kamrup) in MAC Case No.1672/2012 whereby an amount of Rs.11,00,000/- was directed to be paid by the Insurance Company to the claimant-respondent.

Shri J Gupta, Regional Manager as well as Ms. H Haflongbar, Assistant Manager, Insurance Company are present today i.e., 10.04.2021 in the National Lok Adalat. The claimant-Shri Raju Lahoti is also present along with his learned Counsel Shri D Mondal.

The parties present before this Court jointly submit that the matter has been settled outside the Court and an amount of Rs.9,00,000/- as full and final settlement has been agreed. It is submitted that during the pendency of this appeal, an amount of Rs.5,50,000/- has already been paid.

In view of the above, the appeal stands closed with a direction that the Insurance Company shall now deposit the balance amount of Rs.3,50,000/-, being the full and final settlement before the Registry of this Court within a period of 6 weeks from today. The balance amount would be released to the claimant on being properly identified by the learned counsel for the claimant.

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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The MAC Appeal stands disposed of.

JUDGE

Comparing Assistant