Gauhati High Court
Icici Lombard General Insurance ... vs Rebecca Thuam Ngaihzuali And 3 Ors on 10 April, 2021
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GAHC010235052013
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./300/2013
ICICI LOMBARD GENERAL INSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICEAT ICICI BANK TOWERS, BANDRA
KURLA COMPLEX, MUMBAI 40051 AND ITS BRANCH OFFICE AT MAYUR
GARDEN, G.S.ROAD, BHANGAGARH, GUWAHATI 781005, REPRESENTED
BY THE BRANCH MANAGER, GUWAHATI BRANCH OFFICE
VERSUS
REBECCA THUAM NGAIHZUALI and 3 ORS.
W/O LATE LIENKHOTHANG TONSING
2:MD. LILY THANGLALVEN
D/O LATE LIENKHOTHANG TONSING
3:MS. SARAH LALRINDIKI
D/O LATE LIENKHOTHANG TONSING
4:TUANKHOPAU TONSING
F/O LATE LIENKHOTHANG TONSING
PERMANENT RESIDENTOF NEHRU MARG
CENTRAL LAMKA
DIST. CHURACHANDPUR
MANIPUR RESPONDENT NOS 2 and 3 BEING MINORS WILL BE
REPRESENTED BY RESPONDENT NO. 1
5:M/S TRIBENI CONSTRUCTION PRIVATE LTD.
TRIBENI COMMERCIAL COMPLEX 1ST FLOOR
G.S. ROAD
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ULUBARI
GUWAHATI
KAMRUP
ASSAM OWNER OF VEHICLE NO. AS-01/AC 8955
6:JAISA RAM NAYAK
S/O SRI GYANA RAM
R/O JETASARA
SUJANGARH
P.S. CHURU
DIST. CHURU
RAJASTHAN DRIVER OF VEHICLE NO. AS 01/AC 8955
7:SMT. KALYANI DEBNATH
W/O SRI RAKHAL DEBNATH
VILL. SONAI ROAD
SILCHAR
P.S. SILCHAR
DIST. CACHAR
ASSAM OWNER OF THE VEHICLE NO. MZ 04/1599
8:UNITED INDIA INS. CO. LTD.
PANCHGRAM OFFICE REPRESENTED BY GUWAHATI REGIONAL OFFICE
G.S.ROAD
BHANGAGARH
GUWAHATI KAMRUP M
ASSAM INSURER OF THE VEHICLE NO. MZ 04/159
Advocate for the Petitioner : MR.I ALAM
Advocate for the Respondent : FOR CAVEATOR
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
Date : 10-04-2021
This is an appeal filed by the appellant-ICICI Lombard General Insurance Company
Ltd. (for short Insurance Company) against the judgment and award dated 29.06.2013
passed by the Motor Accident Claims Tribunal, No.2, Kamrup at Guwahati (for short MACT,
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Kamrup) in MAC Case No.2862 / 2008 whereby an amount of Rs.68,30,366/-, as
compensation, was directed to be paid by the appellant-Insurance Company to the claimants-
respondents.
Shri B Gogoi, Legal Manager of the Insurance Company along with Shri R Goswami,
learned counsel representing the appellant-Insurance Company and claimant-Ms. Rebecca
Thuam Ngaihzuali are present today i.e., 10.04.2021 in the National Lok Adalat.
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.50,00,000/- was paid as an interim payment.
The parties present before this Court jointly submit that the matter has been settled
outside the Court and an additional amount Rs.32,50,000/- 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 now deposit an of Rs.32,50,000/-, which includes interest, 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.
The MAC Appeal stands disposed of.
JUDGE
Comparing Assistant
