National Insurance Co Ltd vs Smt Nirmali Mout And 4 Ors
2022 Latest Caselaw 1645 Gua

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GAHC010022332015




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

                         Case No. : MACApp./205/2015

         NATIONAL INSURANCE CO LTD
         HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET, KOLKATA AND
         ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL
         OFFICE, AT G.S. ROAD, BHANGAGARH, GUWAHATI-5, ASSAM.



         VERSUS

         SMT NIRMALI MOUT and 4 ORS
         W/O SRI GOPEN MOUT

         2:KALPA JYOTI MOUT
          S/O SRI GOPEN MOUT

         3:GOPEN MOUT

          FATHER OF LATE HIRANYA MOUT
          S/O NOT KNOWN
          ALL ARE PERMANENT R/O VILL. JERAI DIGHALIBARI
          P.S. CHABUA
          DIST. DIBRUGARH
          ASSAM
          PRESENTLY RESIDING AT C/O R.C. BARUAH
          CHANDMARI COLONY
          P.S. CHANDMARI
          GUWAHATI
          DIST. KAMRUP
          ASSAM.

         4:ANIRBAN BORDOLOI

          S/O LATE RUPRAM BORDOLOI
          R/O VILL. DARIGOJI
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             P.S. KALIBOR
             DIST. NAGAON
             ASSAM.

             5:DIGANTA BASUMATARY

             S/O SRI KAMAL BASUMATARY
             R/O VILL. MISSA
             P.S. KALIBOR
             DIST. NAGAON
             ASSAM

Advocate for the Petitioner   : MS.A BORA

Advocate for the Respondent : DR.U BARUAR-1 - 3




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                            ORDER

14.05.2022 This appeal has been filed by the appellant-National Insurance Company Ltd. (for short referred to as the Insurance Company) under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 08.05.2015 passed by the learned Member, Motor Accident Claims Tribunal (MACT) No. III, Kamrup in MAC Case No. 1404/2013 whereby an award of Rs. 24,38,360/- plus interest was directed to be paid by the Insurance Company to the respondent-claimant.

Shri Debajit Sarkar, Assistant Manager and Shri Biswa Jyoti Bora, Administrative Officer, Legal, National Insurance Company Ltd. are present today i.e., 14.05.2022 in the National Lok Adalat. The claimant-Smt. Nirmali Mout is also present along with her learned counsel, Shri D Mondal.

It is submitted that out of the aforesaid awarded amount, 50% thereof amounting to Rs.12,19,180/- has already been deposited and withdrawn.

The parties present before this Court jointly submit that they have agreed to Page No.# 3/3

settle the matter at an amount of Rs.31,54,180/- as full and final settlement after adjustment of the aforesaid 50% amount which has already been satisfied.

Accordingly, the payable balance amount is Rs.19,35,000/- which would be full and final amount for settlement, inclusive of interest.

In view of the above, the instant appeal is closed with a direction that the Insurance Company shall deposit the balance amount of Rs. 19,35,000/- being the full and final settlement before the Registry of this Court within a period of 45 days from today.

The respondent-claimant would be at liberty to withdraw the amount on being properly identified by her 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 45 days.

In view of the above, the motor accident claim appeal stands disposed of.

JUDGE

Comparing Assistant