Gauhati High Court
National Insurance Company ... vs Bositon Bibi And 3 Ors on 14 May, 2022
Page No.# 1/4
GAHC010058162018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./288/2018
NATIONAL INSURANCE COMPANY LIMITED
REGD HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA- 700071, REP.
BY THE ASSISTANT MANAGER, GUWAHATI REGIONAL OFFICE,
BHANGAGARH, GUWAHATI- 781005
VERSUS
BOSITON BIBI AND 3 ORS
W/O- SOFIUR RAHMAN, R/O- VILL- CHARKANAIMARA, P.O AND P.S-
HATSINGIMARI, DIST- DHUBRI, ASSAM, PIN- 783135
2:SOFIUR RAHMAN
R/O- VILL- CHARKANAIMARA
P.O AND P.S- HATSINGIMARI
DIST- DHUBRI
ASSAM
PIN- 783135
3:GOPAL SAHA
S/O- SRI DAM SAHA
R/O- VILL- BISHNUNAGAR 2 NO. COLONY
P.O
P.S AND DIST- GOALPARA
ASSAM PIN- 783101
5:THE REGIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD
GAUHATI REGIONAL OFFICE
G S ROAD
CHRISTIAN BASTI
GUWAHATI
KAMRUP(M)
Page No.# 2/4
ASSA
Advocate for the Petitioner : MS. R D MOZUMDAR
Advocate for the Respondent : MR. S RAHMAN
Linked Case : MACApp./497/2019
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 BOSITON BIBI and 6 ORS
W/O SOFIUR RAHMAN
R/O VILL. CHARKANAIMARA
P.O. and P.S. HATSINGIMARI
DIST. DHUBRI
ASSAM-783135
2:SOFIUR RAHMAN
R/O VILL CHARKANAIMARA
P.O. AND P.S. HATSINGIMARI
DIST. DHUBRI
ASSAM
3:SRI GOPAL SAHA
S/O
DAM SAHA
R/O GOALPARA
2 No. COLONY
P.O. AND P.S. GOALPARA
DIST. GOALPARA
ASSAM 783101
4:NISHER AHMED
S/O
ROFIQUE
R/O VILL. BILOSHPUR
Page No.# 3/4
MOHOJJOLA NAGAR KAMMRE
P.O. AND P.S. KAMMRE
U.P. 244921
5:M/S NATIONAL INSURANCE CO. LTD.
REPRESENTED BY THE CHIEF REGIONAL MANAGER
GUWAHATI REGIONAL OFFICE
GUWAHATI
G.S. ROAD
BHANGAGARH
GHY-781005
ASSAM
------------
Advocate for : MR. K K BHATTA
Advocate for : MD A HUSSAIN appearing for MST BOSITON BIBI 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. 1797/2011 whereby
an award of Rs. 7,23,000/- 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 claimant-Mst.
Bositon Bibi in both the appeals is also present along with her learned counsel.
It is submitted that out of the awarded amount of Rs. 7,23,000/-, 50% i.e., Rs.
3,61,500/- of the said awarded amount was already deposited and withdrawn.
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The parties present before this Court jointly submit that they have agreed to
settle the matter at an amount of Rs.11,41,500/- as full and final settlement. Now the
full and final settlement amount of Rs. 11,41,500/- 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. 3,90,000/- 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
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
