New India Assurance Company Ltd vs Smti. Manju Pathak (Sarma) And Anr
2021 Latest Caselaw 1443 Gua

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GAHC010192022019




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

                                Case No. : MAC App./538/2019

            NEW INDIA ASSURANCE COMPANY LTD.
            HAVING ITS REGD AND HEAD OFFICE AT NEW INDIA ASSURANCE
            BUILDING, 87, MAHATMA GANDHI ROAD FORT, MUMBAI- 400001 AND
            REGIONAL OFFICE AT G S ROAD, GUWAHATI- 5, REP. BY THE CHIEF
            REGIONAL MANAGER


            VERSUS

            SMTI. MANJU PATHAK (SARMA) AND ANR
            W/O- LATE BHUPEN SARMA, R/O- VILL- GANESHNAGAR, SHANKARDEV
            PATH, P.S- BASISTHA, GUWAHATI- 28

            2:DIJU SARMA
             S/O- SRI DHIREN SARMA
             R/O- VILL- BARKURIHA
             P.S- NALBARI
             DIST- NALBARI
            ASSAM
             PIN- 78211

Advocate for the Petitioner   : MR. S DUTTA

Advocate for the Respondent : MR D MONDAL


                                     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 Page No.# 2/2

Insurance Company) against the judgment and award dated 13.05.2019 passed by the Motor Accident Claims Tribunal No.2, Kamrup (M), Guwahati (for short MACT, Kamrup) in MAC Case No.136/2016 whereby an amount of Rs.21,83,290/- was directed to be paid by the Insurance Company to the claimants-respondents.

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-Smti. Manju Pathak (Sarma) is also present along with her learned Counsel Dr. U Baruah.

The parties present before this Court jointly submit that the matter has been settled outside the Court and an amount of Rs.20,10,000/- as full and final settlement has been agreed. It is submitted that during the pendency of this appeal, an amount of Rs.15,00,000/- has already been deposited before this Registry of this Court.

In view of the above, the appeal stands closed with a direction that the Insurance Company shall now deposit the amount of Rs.5,10,000/-, being the full and final settlement before the Registry of this Court within a period of 6 weeks from today. The total amount of Rs.20,10,000/- would be released to the claimants-respondents on being properly identified by the learned counsel for the claimants-respondents.

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.

The MAC Appeal stand disposed of.

JUDGE

Comparing Assistant