New India Assurance Company Ltd vs Smti. Dharitri Sarma And 5 Ors
2021 Latest Caselaw 1444 Gua

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GAHC010242112017




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

                         Case No. : MAC App./491/2017

         NEW INDIA ASSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87 M.G. ROAD,
         FORT, MUMBAI AND ITS REGIONAL OFFICE AT G.S. ROAD,
         BHANGAGARH, GUWAHATI.



         VERSUS

         SMTI. DHARITRI SARMA and 5 ORS.
         W/O LATE SANTANU GAYAN

         2:MISS ASMI GAYAN
          D/O LATE SANTANU GAYAN

         3:SMTI AMIYA GAYAN
         W/O SRI PROBODH CH. GAYAN

         4:GAKUL CHETIA
          S/O LATE JOGESHWAR CHETIA
          R/O BETKUCHI
          LAKHARA
          P.S. GORCHUK
          GUWAHATI 781035
          DIST. KAMRUP M
         ASSAM.

         5:BHODRESHWAR TALUKDAR

          S/O SRI KAMESHWAR TALUKDAR
          R/O HOUSE NO. 127
          LAHIMINAGAR
          DISPUR
          GUWAHATI-6
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              DIST. KAMRUP M
              ASSAM

Advocate for the Petitioner   : MR.S BHUYAN

Advocate for the Respondent : MR.B K GOSWAMI




                                     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 02.07.2015 passed by the Motor Accident Claims Tribunal No.1, Kamrup at Guwahati (for short MACT, Kamrup) in MAC Case No.1346/2011 whereby an amount of Rs.68,76,185/-, as compensation, was 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-Smt. Dharitri Sarma is also present along with her learned Counsel Shri AS Roy.

The parties present before this Court jointly submit that the matter has been settled outside the Court and an amount Rs.38,90,000/- as full and final settlement has been agreed upon.

It is submitted that an amount of Rs.50,000/- was paid towards No Fault Liability and during the pendency of this appeal, a sum of Rs.24,06,600/- was paid as an interim payment.

In view of the above, the appeal stands closed with a direction that the Insurance Company shall now deposit an of Rs.14,33,400/-, which includes interest, being the full and final settlement before the Registry of this Court within a period of 6 weeks from today.

It is observed that TDS would be applicable on the interest part.

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

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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 stands disposed of.

JUDGE

Comparing Assistant