Gauhati High Court
New India Assurance Co. Ltd vs Jhuma Goala And 4 Ors on 13 August, 2022
Page No.# 1/3
GAHC010140572021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./233/2021
NEW INDIA ASSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING
87, MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL
OFFICES KNOWN AS NORTH EAST REGIONAL OFFICE AT G.S. ROAD,
ULUBARI, GUWAHATI-7, ASSAM
VERSUS
JHUMA GOALA AND 4 ORS.
W/O- LATE SANJIT GOALA, R/O- VILL.- ISABHEEL, P.O. ISABHEEL, P.S.
BAZARICHERRA, DIST.- KARIMGANJ, ASSAM, PIN- 788728.
2:PROKASH GOALA
S/O- LATE SANJIT GOALA
R/O- VILL.- ISABHEEL
P.O. ISABHEEL
P.S. BAZARICHERRA
DIST.- KARIMGANJ
ASSAM
PIN- 788728.
3:PRIYANKA GOALA
D/O- LATE SANJIT GOALA (MINOR DAUGHTER)
R/O- VILL.- ISABHEEL
P.O. ISABHEEL
P.S. BAZARICHERRA
DIST.- KARIMGANJ
ASSAM
PIN- 788728.
4:BIKASH GOALA
S/O- LATE SANJIT GOALA (MINOR SON)
Page No.# 2/3
R/O- VILL.- ISABHEEL
P.O. ISABHEEL
P.S. BAZARICHERRA
DIST.- KARIMGANJ
ASSAM
PIN- 788728.
5:RIPAN SARKAR
S/O- BIMAL SARKAR
R/O- VILL.- BALIPIPLA
P.S. BAZARICHERRA
DIST.- KARIMGANJ
ASSAM
PIN- 788728
Advocate for the Petitioner : MR. K K BHATRA
Advocate for the Respondent : MR. M H LASKAR
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
13.08.2022
This is an appeal filed by the appellant- New India Insurance Company Limited (for
short Insurance Company) against the judgment and award dated 21.05.2021 passed by the
Motor Accidents Claims Tribunal, Karimganj in MAC Case No.29/2018.
The appellant- Insurance Company is represented by Shri SK Hansi, Regional Manager.
Jhuma Goala, the claimant is present in person.
The parties have mutually came to a settlement of full and final amount of
Rs.16,75,000/- (Rupees Sixteen Lakh and Seventy Five Thousand) out of which
Rs.12,93,413/- (Rupees Twelve Lakh Ninety Three thousand Four Hundred and Thirteen) was
paid in the Registry of this Court as per interim order dated 04.10.2022. The Insurance
Company is accordingly required to deposit the balance amount of Rs.3,81,587/- (Rupees
Three Lakh Eighty One Thousand Five Hundred and Eighty Seven) within a period of 45 days
from today before the Registry.
Page No.# 3/3
Since it is submitted that no amount till now has been received by the claimants from
the Registry, the said amount be released in the following terms - Fixed Deposit @
Rs.3(three) lakh each for the three children namely- 1. Prokash Goala, 2. Priyanka Goala and
3. Bikash Goala and remaining amount of Rs.7,75,000/- (Rupees Seven Lakh and Seventy
Five Thousand) be paid to the claimant No. 1, Jhuma Goala. The said amount would 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 MAC Appeal stands disposed of.
JUDGE
Comparing Assistant
