Gauhati High Court
National Insurance Co. Ltd vs Mrs Upma Singh And 6 Ors on 27 February, 2023
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GAHC010214142015
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./248/2015
NATIONAL INSURANCE CO. LTD
HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET, KOLKATA AND
ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL
OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI-5, ASSAM.
VERSUS
MRS UPMA SINGH and 6 ORS
W/O LATE MAJOR AMITABH RAJ
2:MISS ANISHKA SINGH
D/O LATE MAJOR AMITABH RAJ
3:MR. BHARAT RAJ SINGH
S/O LATE DEVEN SINGH
4:MRS. SARSWATI DEVI
W/O SRI BHARAT RAJ SINGH
ALL 1 TO 4 ARE PERMANENT R/O VILL. SHIVPURI COLONY
KATARI HILL ROAD P.S. GAYA
BIHAR PRESENTLY RESIDING AT C/O THE COMMANDING OFFICER
18JAT REGIMENT POLO FIELD
CIRCUIT HOUSE ROAD
DIBRUGARH
ASSAM.
5:AJIT KUMAR NATH
S/O SRI R. NATH
DEPTT. OF VETERINARY MEDICINE
COLLEGE OF VETERINARY SCIENCE
KHANAPARA
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GUWAHATI
DIST. KAMRUP
ASSAM.
6:DIGANTA DUARAH
S/O NUMAL CHANDRA DUARAH
R/O VILL. BORGURI
P.S. TINSUKIA
DIST. TINSUKIA
ASSAM.
7:GOPAL SONAR
S/O SRI NAR BAHADUR SONAR
R/O HARIPAR GHROMTIBIL
SADIYA
P.S. CHAPAKHOWA
DIST. TINSUKIA
ASSAM
Advocate for the Petitioner : MS.A BORA
Advocate for the Respondent : MR.U BARUAHR-1, 3 and 4
Linked Case : I.A.(Civil)/376/2023
NATIONAL INSURANCE CO. LTD
HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET
KOLKATA AND ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI
REGIONAL OFFICE AT G.S. ROAD
BHANGAGARH
GUWAHATI-5
ASSAM.
VERSUS
MRS UPMA SINGH AND 3 ORS
W/O LATE MAJOR AMITABH RAJ
2:MISS ANISHKA SINGH
D/O LATE MAJOR AMITABH RAJ
3:MR. BHARAT RAJ SINGH
S/O LATE DEVEN SINGH
4:MRS. SARSWATI DEVI
W/O SRI BHARAT RAJ SINGH
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ALL 1 TO 4 ARE PERMANENT R/O VILL. SHIVPURI COLONY
KATARI HILL ROAD P.S. GAYA
BIHAR PRESENTLY RESIDING AT C/O THE COMMANDING OFFICER
18JAT REGIMENT POLO FIELD
CIRCUIT HOUSE ROAD
DIBRUGARH
ASSAM.
------------
Advocate for : MR. R K BHATRA
Advocate for : MR. D SAIKIA appearing for MRS UPMA SINGH AND 3 ORS
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 27.2.2023
By way of present application the parties have brought to the notice of
this Court that the claim in respect of MAC Case No.317/2010, which was
allowed by order dated 1.7.2017 by MACT, Kamrup (M), Assam, has been
compromised by the parties and the disputes have been resolved. The joint
application filed by the parties pleads the following:
(i) That vide order dated 23.11.2015, the aforesaid MAC
Appeal No. 248/2015 was admitted, subject to the interim
payment of Rs.70,00,000/-(rupees seventy lakhs) before the
Registry by the appellant/Joint Applicant No. 1, which was duly
complied with.
(ii) That recently, both the parties i.e. the Joint applicant No. 1
(Appellant in MAC Appeal No. 248/2015) on the one side and the
Joint Applicants Nos. 2,3,4 and 5/ Respondents(Claimants) Nos.
1,2,3 and 4 on the other side have decided to settle the matter
amicably and mutually and accordingly, settled the matter for an
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amount of Rs. 1,35,00,000.00(rupees One crore and thirty five
lakhs only) as full and final settlement in the above case inclusive
of interest.
(iii) The Joint Applicant No.1/Appellant Insurance Company will
now pay an additional amount of Rs.65,00,000.00(Rupees Sixty
five lakhs) to the Joint Applicants Nos. 2,3,4 and 5/ respondents
No. 1,2,3 and 4 as full and final settlement of the matter. Further,
it has been agreed that the said amount of Rs. 65,00,000.00 will
be deposited by the applicant No.1/ appellant Insurance
Company within a period of four weeks from the date of receipt
of certified copy of the order before the Registry of this Hon'ble
Court.
In view of the aforesaid, the judgment and award dated 1.7.2015 passed
in MACT Case No. 317/2010 by the Motor Accident Claims Tribunal, Kamrup (M),
Guwahati which is subject matter of MAC Appeal No. 248/2015 is modified to
the aforesaid agreed terms.
Accordingly, both these IA and MAC Appeal No. 248/2015 are closed.
Statutory deposit be returned back to the Insurance Company.
JUDGE
Comparing Assistant
