Citation : 2021 Latest Caselaw 1448 Gua
Judgement Date : 10 April, 2021
Page No.# 1/2
GAHC010046062020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./108/2020
NEW INDIA ASSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87,
MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL OFFICE
AT G.S. ROAD, BHANGAGARH, GUWAHATI-5, ASSAM.
VERSUS
SMTI URBOSHI DEKA and 2 ORS,
W/O ROMANI MOHAN DEKA, VILL. and P.O. JAGARA, P.S. BELSOR, DIST.
NALBARI, ASSAM.
2:SRI ROMANI MOHAN DEKA
VILL. and P.O. JAGARA
P.S. BELSOR
DIST. NALBARI
ASSAM.
3:MURTAZA SAIKIA
D/O MD. JAMIR UDDIN SAIKIA
P.O. AMBARI
P.S. FATASIL AMBARI
GUWAHATI
DIST. KAMRUPASSAM
OWNER OF VEHICLE NO. AS-01-AQ-2656 M/CYCL
Advocate for the Petitioner : MR. K K BHATTA
Advocate for the Respondent :
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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 19.07.2014 passed by the Motor Accident Claims Tribunal No.2, Kamrup, Guwahati (for short MACT Kamrup) in MAC Case No. 1583 /2011 whereby an amount of Rs.6,83,000/-, 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-Smt. Urboshi Deka is also present along with her learned Counsel, Shri S Hussain.
The parties present before this Court jointly submit that the matter has been settled outside the Court and an amount Rs.7,60,000/- 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.7,60,000/- being the full and final settlement, which includes interest, 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.
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
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