National Insurance Company Ltd vs Chahera Khatun And 9 Ors
2022 Latest Caselaw 4417 Gua

                                                                 Page No.# 1/4

GAHC010048852022




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

                         Case No. : MACApp./144/2022

         NATIONAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON
         STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, G.S.
         ROAD, GHY-781005 REPRESENTED BY THE CHIEF REGIONAL MANAGER,
         GUWAHATI REGIONAL OFFICE



         VERSUS

         CHAHERA KHATUN AND 9 ORS.
         W/O- LATE ANTAB ALI, R/O VILL- PAM DONGRA, PS- BAGHBAR, DIST-
         BARPETA, ASSAM, PIN- 781308, PRESENT ADDRESS- VILL-KUROBAHA, PS-
         BARPETA (BHAWANIPUR OUT POST), DIST- BARPETA, ASSAM, PIN- 781352

         2:SAIMUDDIN
          S/O- LATE ANTAB ALI
          R/O VILL PAM DONGRA
         PS- BAGHBAR
          DIST- BARPETA
         ASSAM
          PIN- 781308
          PRESENT ADDRESS- VILL-KUROBAHA
          PS- BARPETA (BHAWANIPUR OUT POST)
          DIST- BARPETA
         ASSAM
          PIN- 781352

         3:ASMA KHATUN
          D/O- LATE ANTAB ALI
          R/O VILL PAM DONGRA
         PS- BAGHBAR
          DIST- BARPETA
         ASSAM
                                      Page No.# 2/4

PIN- 781308
PRESENT ADDRESS- VILL-KUROBAHA
PS- BARPETA (BHAWANIPUR OUT POST)
DIST- BARPETA
ASSAM
PIN- 781352

4:SHAHATAN NESSA
 D/O- LATE ANTAB ALI
 R/O VILL PAM DONGRA
PS- BAGHBAR
 DIST- BARPETA
ASSAM
 PIN- 781308
 PRESENT ADDRESS- VILL-KUROBAHA
 PS- BARPETA (BHAWANIPUR OUT POST)
 DIST- BARPETA
ASSAM
 PIN- 781352

5:BUIBUL HOQUE
 S/O- LATE ANTAB ALI
 R/O VILL PAM DONGRA
PS- BAGHBAR
 DIST- BARPETA
ASSAM
 PIN- 781308
 PRESENT ADDRESS- VILL-KUROBAHA
 PS- BARPETA (BHAWANIPUR OUT POST)
 DIST- BARPETA
ASSAM
 PIN- 781352

6:KASHEM ALI
 S/O- LATE ANTAB ALI
 R/O VILL PAM DONGRA
PS- BAGHBAR
 DIST- BARPETA
ASSAM
 PIN- 781308
 PRESENT ADDRESS- VILL-KUROBAHA
 PS- BARPETA (BHAWANIPUR OUT POST)
 DIST- BARPETA
ASSAM
 PIN- 781352

7:SANIARA KHATUN
 D/O- LATE ANTAB ALI
                                                                  Page No.# 3/4

            R/O VILL PAM DONGRA
            PS- BAGHBAR
            DIST- BARPETA
            ASSAM
            PIN- 781308
            PRESENT ADDRESS- VILL-KUROBAHA
            PS- BARPETA (BHAWANIPUR OUT POST)
            DIST- BARPETA
            ASSAM
            PIN- 781352

            8:HASHEM ALI
             S/O- LATE ANTAB ALI
             R/O VILL PAM DONGRA
            PS- BAGHBAR
             DIST- BARPETA
            ASSAM
             PIN- 781308
             PRESENT ADDRESS- VILL-KUROBAHA
             PS- BARPETA (BHAWANIPUR OUT POST)
             DIST- BARPETA
            ASSAM
             PIN- 781352. (RESPONDENTS 5
            6
            7
            8 BEING MINOR ARE REPRESENTED BY RESPONDENT NO. 1)

            9:MD. HAJARAT ALI
             S/O- AJAHAR UDDIN
             R/O VILL- MAIRAMARA
             PS- HOWLY
             DIST- BARPETA
            ASSAM
             PIN-781316

            10:HUSSAIN ALI
             S/O- LATE ABDUL KHALEQUE
             R/O VILL- ITARBHITA
             PS- HOWLY
             DIST- BARPETA
            ASSAM
             PIN-78131

Advocate for the Petitioner   : MR T KALITA

Advocate for the Respondent : MR M H AHMED (R-8,9)
                                                                      Page No.# 4/4




                                BEFORE
             HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
                                ORDER

12.11.2022

This is an appeal filed by the appellant National Insurance Company Limited against the Judgment and Order dated 18.11.2021 passed by the learned Member, MACT, Barpeta in M.A.C. Case No. 129/2020.

The appellant is represented by T. Kalita.

The claimant is present in person.

The parties have mutually came to a settlement of full and final amount of Rs. 14,00,000/- (Rupees Fourteen Lakhs) out of which Rs. 8, 00,1,900/- (Rupees Eight Lakhs One Thousand and Nine Hundred) was already paid. The Insurance Company is accordingly required to deposit the balance amount of Rs. 5, 98,100/- (Rupees Five Lakhs Ninety-Eight Thousand and One Hundred) within a period of 45 days from today before the Registry.

The said amount would be released to the claimant on being properly identified by the learned counsel for the claimant.

The statutory deposit of Rs. 25,000/- made by the Insurance Company at the time of filing of the appeal would be refunded by the Registry of this Court to the Insurance Company within the said period of 45 days.

A memo of settlement is made a part of the record.

The MAC appeal stands disposed of.

JUDGE

Comparing Assistant