Gauhati High Court
United India Insurance Co. Ltd vs Abdur Rashid Mondal And 7 Ors on 14 May, 2022
Page No.# 1/5
GAHC010058162018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./492/2019
UNITED INDIA INSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD
CHENNAI AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD
GUWAHATI
ASSAM.
VERSUS
ABDUR RASHID MONDAL and 7 ORS
S/O HAZI KAYSER ALI MONDAL
R/O VILL. HATSINGIMARI
P.S. SOUTH SALMARA
DIST. DHUBRI
ASSAM 783383
2:NUR JAHAN BEGUM
W/O ABDUR RASHID MONDAL
R/O VILL. HATSINGIMARI
P.S SOUTH SALMARA
DIST. DHUBRI
ASSAM - 783383
3:NAZIM EZAZ
S/O ABDUR RASHID MONDAL
R/O VILL. HATSINGIMARI
P.S SOUTH SALMARA
DIST. DHUBRI
ASSAM - 783383
4:GOPAL SAHA
R/O BISHNUNAGAR
GOALPARA
2 NO. COLONY
P.O. AND P.S. - GOALPARA
DIST. - GOALPARA
Page No.# 2/5
ASSAM - 783101
6:NISHER AHMED
S/O ROFIQUE
R/O VILL. BILOSHPUR
MOHOJJOLA NAGAR KAMMRE
P.O. AND P.S. - KAMRE
UTTAR PRADESH - 244921
8:M/S NATIONAL INSURANCE CO. LTD.
REPRESENTED BY THE CHIEF REGIONAL MANAGER
GUWAHATI REGIONAL OFFICE
GUWAHATI
G.S.ROAD
BHANGAGARH
GUWAHATI - 781005
ASSAM
------------
Advocate for : MR. K K BHATTA
Advocate for : MS. R D MOZUMDAR (R8) appearing for ABDUR RASHID
MONDAL and 7 ORS
Linked Case : MACApp./307/2018
NATIONAL INSURANCE COMPANY LIMITED
SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA
REGISTERED HEAD OFFICE AT 3 MIDDLETON STREET
CALCUTTA 700071
REPRESENTED BY THE ASSTT. MANAGER
GAUHATI REGIONAL OFFICE
BHANGAGARH
GUWAHATI 781005
VERSUS
ABDUR RASHID MONDAL AND 5 ORS
S/O HAZI KAYSER ALI MONDAL
R/O VILL. HATSINGIMARI
P.S. SOUTH SALMARA
DIST. DHUBRI
ASSAM
PIN 783383
2:NUR JAHAN BEGUM
W/O ABDUR RASHID MONDAL
R/O VILL. HATSINGIMARI
P.S. SOUTH SALMARA
Page No.# 3/5
DIST. DHUBRI
ASSAM
PIN 783383
3:NAZIM EZAZ
S/O ABDUR RASHID MONDAL
R/O VILL. HATSINGIMARI
P.S. SOUTH SALMARA
DIST. DHUBRI
ASSAM
PIN 783383
4:GOPAL SAHA
S/O SRI DAM SAHA
R/O VILL. BISHNUNAGAR 2 NO. COLONY
P.O.
P.S. AND DIST. GOALARA
ASSAM
PIN 7783101
6:THE REGIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD. GAUHATI REGIONAL OFFICE
G.S. ROAD
CHRISTIANBASTI
GUWAHATI
KAMRUP (M)
ASSAM
PIN 781005
------------
Advocate for : MS. R D MOZUMDAR
Advocate for : MR. S ISLAM (R1
2 AND 3) appearing for ABDUR RASHID MONDAL AND 5 ORS
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
14.05.2022
These two appeals have been filed by the appellants-National Insurance
Company Ltd. and United India Insurance Company Ltd. (for short referred to as the
Insurance Company) under Section 173 (1) of the Motor Vehicles Act, 1988 against
the judgment and award dated 01.03.2017 passed by the learned Member, Motor
Accident Claims Tribunal (MACT) No. 1, Kamrup in MAC Case No. 201/2012 whereby
an award of Rs. 16,95,000/- was directed to be paid by the Insurance Companies to
Page No.# 4/5
the respondent-claimant.
Shri Debajit Sarkar, Assistant Manager; Shri Biswa Jyoti Bora, Administrative
Officer, Legal, National Insurance Company Ltd.; Shri D Soren, Regional Manager and
Shri Chaitanya Sonowal, Administrative Officer, United India Insurance Company Ltd.
are present today i.e., 14.05.2022 in the National Lok Adalat. The claimant-Shri Abdur
Rashid Mondal in both the appeals is also present along with his learned counsel, Shri
S Islam.
It is submitted that at the time of admission of the appeals, 50% of the awarded
amount was directed to be deposited by the appellants-Insurance Companies which
comes to Rs. 8,40,000/- which would be equally shared by both the Insurance
Companies at an amount of Rs. 4,20,000/-.
It is submitted that said the 50% deposited amount has already been withdrawn
by the respondent-claimant.
The parties present before this Court jointly submit that they have agreed to
settle the matter at an amount of Rs.26,00,000/- as full and final settlement after
adjusting the 50% amount of Rs.8,40,000/- which has already been paid. Now the
balance amount which is to be shared and paid on 50% basis by both the Insurance
Companies to the claimant-respondent is Rs. 17,60,000/-.
In view of the above, both the appeals are closed with a direction that both the
Insurance Companies shall deposit an additional amount of Rs.8,80,000/- each, 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 his learned Counsel.
The statutory deposits of Rs.25,000/- made by each of the Insurance
Companies at the time of filing of the appeals would be refunded by the Registry of
Page No.# 5/5
this Court to the Insurance Companies within the said period of 45 days.
In view of the above, both the motor accident claim appeals stand disposed of.
JUDGE
Comparing Assistant
