New India Assurance Co. Ltd vs Smti Bidisha Baruah And 6 Ors
2022 Latest Caselaw 2967 Gua

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GAHC010022682017




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

                       Case No. : IA(Civil) No. 1547/2017
                                     in
                   MAC App. No.294431/2017 (filing number)



         NEW INDIA ASSURANCE CO. 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 781005



         VERSUS

         SMTI BIDISHA BARUAH and 6 ORS,
         W/O LATE LAKHINANDA BARUAH

         2:SMTI LILY BARUAH
         W/O- LATE GUNAKANTA BARUAH
          R/O- ADARSHAPUR PATH
          BYELANE NO. 4
          HOUSE NO. 3
          JANAKPUR
          KAHILIPARA
          GUWAHATI-781019
          DIST.- KAMRUP(M)
         ASSAM

         3:HARBINDAR SINGH
          S/O- SRI KASHMIR SINGH
          R/O- JUPITAR SOKE INDUSTRY
          BELTOLA
          GUWHATI-781029
          DIST.- KAMRUP(M)
         ASSAM
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            4:AMARENDRA SINGH
             S/O- SRI SAMBU SINGH
             R/O- A.M. ROAD
             M.K.G.
             P/A- HIJUBARI
            TINSUKIA-786192
             DIST. TINSUKIA
            ASSAM

            6:ROBIN DUTTA
             S/O- LATE BASANTA DUTTA
             R/O- CLUB ROAD
             KHELMATI
             P.S. AND DIST. JORHAT
            ASSAM
             PIN- 785008

Advocate for the Petitioner   : MR.R GOSWAMI

Advocate for the Respondent : DR. UTPALJEET BARUAH




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                           ORDER

13.08.2022 This is an appeal filed by the appellant- New India Assurance Company Limited (for short Insurance Company) against the judgment and award dated 19.08.2016 passed by the Motor Accidents Claims Tribunal No. 1, Kamrup in MAC Case No.292/2011.

The appellant- Insurance Company is represented by Shri SK Hansi, Regional Manager. The claimant is represented by Shri R. Patar, learned counsel.

The parties have mutually came to a settlement of full and final amount of Rs.35,23,757/- (Rupees Thirty Five Lakh Twenty Three Thousand Seven Hundred and Fifty Seven) which includes both the principal and the interest, the said amount is however subject to TDS. The Insurance Company is accordingly directed to deposit the said amount before the Registry within a period of 45 days from today. Out of the said amount, a Fixed Deposit in the Page No.# 3/3

name of the claimant be made for an amount of Rs.10(ten) lakh and the rest accordingly 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 45 days.

A memo of settlement is made a part of the record.

The present application stands disposed of.

JUDGE

Comparing Assistant