Gauhati High Court
United India Insurance Co. Ltd vs Merina Khanum And 6 Ors on 14 May, 2022
Page No.# 1/5
GAHC010171422017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./509/2019
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
MERINA KHANUM and 6 ORS
W/O MD. HAMIDUR RAHMAN, R/O HALIDAYGANJ, P.S. PHULBARI, DIST.
WEST GARO HILLA, MEGHALAYA 794104
3:HABIBUR RAHMAN
S/O MD. HAMIDUR RAHMAN
R/O HALIDAYGANJ
P.S. PHULBARI
DIST. WEST GARO HILLA
MEGHALAYA 794104
4:GOPAL SAHA
S/O SRI DAM SAHA
R/O BISHNUNAGAR
GOLAPARA
2 NO. COLONY
P.O. and P.S. GOALPARA
DIST. GOALPARA
ASSAM 783101
5:NURUL ALI
S/O NUR ALI
R/O VILL. BAGHMARA
Page No.# 2/5
P.O. KUCHNIMARA
P.S. MANKACHAR
DIST. DHUBRI
ASSAM 783131
6:NISHER AHMED
S/O ROFIQUE
R/O VILL. BILOSHPUR
MOHOJJOLA NAGAR KAMMRE
P.O. and P.S. KAMRE
UTTAR PRADESH 244921
7:ABDUL RASHID
S/O ABDUL WAHID
R/O VILL. DARJEECHOWK
P.O. and P.S. SISGAR
DIST. BORELI
UTTAR PRADESH 243003
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 the Petitioner : MR. K K BHATTA
Advocate for the Respondent : MR. S ISLAM (R1) (R2)
Linked Case : MACApp./371/2018
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
Page No.# 3/5
VERSUS
MD HAMIDUR RAHMAN AND 7 ORS
S/O LATE AKBAR ALI
R/O VILL. HALIDAYGANJ
P.S. PHULBARI
DIST. WEST GARO HILLS
MEGHALAYA
PIN 794104
2:MERINA RAHMAN
S/O LATE AKBAR ALI
R/O VILL. HALIDAYGANJ
P.S. PHULBARI
DIST. WEST GARO HILLS
MEGHALAYA
PIN 794104
3:HABIBUR RAHMAN
S/O MD. HAMIDUR RAHMAN
(RESPONDENT NO. 3 BEING MINOR REPRESENTED BY HIS FATHER MD.
HAMIDUR RAHMAN) R/O VILL. HALIDAYGANJ
P.S. PHULBARI
DIST. WEST GARO HILLS
MEGHALAYA
PIN 794104
8: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 appearing for MD HAMIDUR RAHMAN AND 7 ORS
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
14.05.2022
These two appeals have been filed by the appellants-National Insurance
Page No.# 4/5
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. 202/2012 whereby
an award of Rs. 13,71,000/- plus interest 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 claimants-Merina
Khanum and Md. Hamidur Rahman are also present along with their learned counsel,
Shri S Islam through Remote Video Conference.
It is submitted that out of the awarded amount of Rs.13,71,000/-, interim
payment of Rs. 3,50,000/- was paid by each of the Insurance Companies.
The parties present before this Court jointly submit that they have agreed to
settle the matter at an amount of Rs.20,71,00/- as full and final settlement. Now the
full and final settlement amount of Rs. 20,71,000/- 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 and after making the calculation, both the appeals are
closed with a direction that an amount of Rs. 6,85,000/- being the full and final
settlement shall be deposited by each of the Insurance Companies 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
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
