United India Insurance Co. Ltd vs Mst Tara Banu And 6 Ors
2022 Latest Caselaw 1648 Gua

                                                               Page No.# 1/4

GAHC010058162018




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

                          Case No. : MACApp./139/2019

         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

         MST TARA BANU and 6 ORS
         W/O HOMAN MIAH
         R/O VILL. TELEPARA
         P.O. and P.S. MANKACHAR
         DIST. DHUBRI
         ASSAM-783131

         2:MD.HOMAN MIAH
         R/O VILL. TELEPARA
          P.O. and P.S. MANKACHAR
          DIST. DHUBRI
         ASSAM-783131
          3:GOPAL SAHA

         S/O SRI DAM SAHA
         R/O GOALPARA
         2NO COLONY
         P.O. and P.S. GOALPARA
         DIST. GOALPARA
         ASSAM 783101
         4:NURUL ALI

         S/O NUR ALI
         R/O VILL. KUCHNIMARA
         P.O. and P.S. MANKACHAR
                                                               Page No.# 2/4

DIST. DHUBRI
ASSAM-783131
5:NISHER AHMED

S/O ROFIQUE
R/O VILL. BILOSHPUR
MOHOJJOLA NAGAR KAMMRE
P.O. and P.S. KAMRE
UTTAR PRADESH 244921
6:ABDUL RASHID
S/O ABDUL WAHID
R/O VILL. DARJEECHOWK
P.O. and P.S. SISGAR
DIST. BORELI
UTTAR PRADESH 243003
7: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 : MR. S RAHMAN appearing for MST TARA BANU and 6 ORS



Linked Case : MACApp./410/2018

NATIONAL INSURANCE COMPANY LIMITED
(SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA )
REGISTERED HEAD OFFICE AT 3
 MIDDLETON STREET
 CALCUTTA- 700071
REPRESENTED BY THE ASSISTANT MANAGER
 GAUHATI REGIONAL OFFICE
BHANGAGARH
 GUWAHATI 781005.


VERSUS

MST TARA BANU AND 6 ORS
W/O HOMEN MIHA
RESIDENT OF VILLAGE TELEPARA
                                                                          Page No.# 3/4


             P.O.AND P.S. MANKACHAR
             DIST. DHUBRI
             ASSAM PIN. 783131

             2:HOMEN MIAH
             FATHER OF THE DECEASED
              RESIDENT OF VILLAGE TELEPARA

             P.O.AND P.S. MANKACHAR
             DIST. DHUBRI
             ASSAM PIN. 783131
              5: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 RAHMAN(R1 AND 2) appearing for MST TARA BANU AND
             6 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. 1796/2011 whereby an award of Rs. 7,23,000/- was directed to be paid by the Insurance Companies to 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-Mst. Tara Page No.# 4/4

Banu in both the appeals is also present along with her learned counsel.

It is submitted that as an interim payment, an amount of Rs. 1,80,750/- was deposited by the United India Insurance Company whereas the National Insurance Company has deposited an amount of Rs. 2,16,900/-.

The parties present before this Court jointly submit that they have agreed to settle the matter at an amount of Rs.11,36,900/- as full and final settlement. Now the full and final settlement amount of Rs. 11,36,900/- is to be shared and paid on 50% basis by both the Insurance Companies to the claimant-respondent after adjusting the aforesaid interim payment made by both the Insurance Companies.

In view of the above, both the appeals are closed with a direction that an amount of Rs. 3,51,550/- by the National Insurance Company whereas an amount of Rs.3,87,700/- by the United India Insurance company being the full and final settlement shall be deposited 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 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 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