United India Insurance Co. Ltd vs Tohiron Bibi And 6 Ors
2022 Latest Caselaw 1656 Gua

                                                              Page No.# 1/5

GAHC010058162018




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

                        Case No. :   MACApp./15/2021

         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

         TOHIRON BIBI and 6 ORS
         W/O SAMSUL HOQUE
         R/O VILL. GOKULPUR NAKKATI
         P.O. PIAZBARI
         P.S. SUKCHAR
         DIST. DHUBRI
         ASSAM-783128

         2:MD.SAMSUL HOQUE
         R/O.VILL. GOKULPUR (NAKKATI)
         P.O.PIAZBARI
         P.S.SUKCHAR
          DIST. DHUBRI
         ASSAM-783128. RESPONDENT-7
          3:SRI GOPAL SAHA
         S/O SRI DAM SAHA
          R/O BISHNUNAGAR
          GOALPARA
          2 NO. COLONY
          DIST
          P.O AND P.S- GOALPARA
         ASSAM
          783101
          4:NURUL ALI
         S/O NUR ALI
          R/O VILL- BAGHMARA
                                                                   Page No.# 2/5

P.O- KUCHNIMARA
P.S- MANKACHAR
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
DIS- 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
ASSAM-781005
------------
Advocate for : MR. K K BHATTA
Advocate for : MD P RAHMAN appearing for TOHIRON BIBI and 6 ORS



Linked Case : MACApp./311/2018

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 TOHIRON BIBI AND 6 ORS
                                                                 Page No.# 3/5

W/O SAMSUL HOQUE

2:MD SAMSUL HOQUE
BOTH ARE RESIDENT OF
VILLAGE GOKULPUR (NAKKATI)
P.O. PIAZBARI
 P.S. SUKCHAR

DIST. DHUBRI
ASSAM
PIN 783128
 3:SRI GOPAL SAHA
S/O SRI DAM SAHA
 R/O VILLAGE BISHNUNAGAR
2 NO COLONY P.O.P.S. AND DIST. GOALPARA
ASSAM PIN 783101 (OWNER)
 4:MD NURUL ALI
S/O NUR ALI R/O VILLAGE BAGHMARA
P.O. KUCHNIMARA P.S. MANKACHAR
DIST. DHUBRI
ASSAM PIN 783131 (DRIVER)
 5:THE REGIONAL MANAGER UNITED INDIA INSURANCE CO. LTD
GAUHARI REGIONAL OFFICE G.S. ROAD
CHRISTIANBASTI
 GUWAHATI
 KAMRUP(M)
ASSAM PIN -781005
 6:NISHER AHMED
S/O ROFIQUE
VILLAGE BILOSPUR.
 MOHOJJOLA NAGAR KAMMRE
P.O. AND P.S. KAMRE

UTTAR PRADESH
INDIA PIN 244921
 7:ABDUL RASHID
S/O ABDUL WAHID

VILLAGE- DARJEECHOWK
P.O.AND P.S. SISGAR
DIST. BORELI
UTTER PRADESH
INDIA PIN -243003
------------
Advocate for : MS. R D MOZUMDAR
Advocate for : MR. R ALI appearing for MST TOHIRON BIBI AND 6 ORS
                                                                           Page No.# 4/5


                                 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. 192/2012 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. Tohiron Bibi in both the appeals is also present along with her learned counsel, Shri Shri MZ Shah.

It is submitted that at the time of admission of the appeal, an amount of Rs.1,80,750/- was paid by the United India Insurance Company.

The parties present before this Court jointly submit that they have agreed to settle the matter at an amount of Rs.11,00,000/- as full and final settlement. Now the full and final settlement amount of Rs. 11,00,000/- is to be shared and paid on 50% basis by both the Insurance Companies to the claimants-respondents after adjusting the amount of Rs.1,80,750/- already paid by the United India Insurance Company.

In view of the above, both the appeals are closed with a direction that an amount of Rs. 5,50,000/- by the National Insurance Company whereas an amount of Rs.3,69,250/- by the United India Insurance company being the full and final Page No.# 5/5

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