National Insurance Co. Ltd vs Smti. Moon Sarma And 4 Ors
2022 Latest Caselaw 1646 Gua

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GAHC010075222019




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

                          Case No. : MACApp./220/2021

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



         VERSUS

         SMTI. MOON SARMA AND 4 ORS
         W/O LATE PRASANTA KR. SARMAH SAVAPANDIT, R/O B.N. KATAKY PATH
         NA ALI, WARD NO. 17, PS. AND DIST. JORHAT (ASSAM), PIN 785001

         2:SANGOT KR. SAVAPANDIT
          S/O LATE PRASANTA KR. SARMAH SAVAPANDIT
          R/O B.N. KATAKY PATH NA ALI
         WARD NO. 17
          PS. AND DIST. JORHAT (ASSAM)
          PIN 785001

         3:ARINDAM SAVAPANDIT
          S/O LATE PRASANTA KR. SARMAH SAVAPANDIT
          R/O B.N. KATAKY PATH NA ALI
         WARD NO. 17
          PS. AND DIST. JORHAT (ASSAM)
          PIN 785001

         4:JEHERUL ISLAM
          S/O LATE EYAKUB ALI
         VILL. MADHAPUR
          P.O. MOROWA
          P.S. AND DIST. NALBARI
         ASSAM
          PIN 781335
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             5:AZNUR ALI
              S/O LATE ASRAF ALI
              R/O GANESHGURI CHARIALI
              P.S. DISPUR
              DIST. KAMRUP (ASSAM)
              PIN 78100

Advocate for the Petitioner   : MR. R K BHATRA

Advocate for the Respondent :




                                   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 01.11.2018 passed by the learned Member, Motor Accident Claims Tribunal (MACT), Kamrup (M) at Guwahati in MAC Case No. 2456/2016 whereby an award of Rs. 40,44,718/- together with 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. Moon Sarma 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.20,22,359/- has already been deposited and withdrawn.

The parties present before this Court jointly submit that they have agreed to settle the matter at an amount of Rs.40,00,000/- as full and final settlement after adjustment of the aforesaid 50% amount which has already been satisfied.

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Accordingly, the payable balance amount is Rs.19,77,641/- 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.19,77,641/- 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