The New India Assurance Company ... vs Happy Das @ Hepi And 5 Ors
2023 Latest Caselaw 3607 Gua

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GAHC010062682020




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

                         Case No. : MACApp./695/2022

         THE NEW INDIA ASSURANCE COMPANY LIMITED
         HAVING ITS REGISTERED OFFICE AT 87 M.G. ROAD, FORT, MUMBAI-
         400001 AND N.E. REGIONAL OFFICE AT G.S. ROAD, GUWAHATI-5, REP. BY
         ITS REGIONAL MANAGER, REGIONAL OFFICE, GUWAHATI. (INSURER OF
         THE VEHICLE NO. AS-24-7009 (TRUCK).



         VERSUS

         HAPPY DAS @ HEPI AND 5 ORS
         W/O- LATE PANKAJ KR. ROY

         2:SRI AYUSH ROY
          S/O- LATE PANKAJ KR. ROY

         3:SMTI. GANGA RANI ROY
         W/O- SRI FOUZDAR RAI @ FOUZDAR ROY

         4:SRI FOUZDAR RAI @ FOUZDAR ROY @ FAUJDAR @ FAUJADAR
          S/O- CHATU ROY
         ALL ARE RESIDENTS OF VILL.- THANDARPUR
          P.O. AND P.S. PANCHGRAM
          PIN- 788151
          DIST.- HAILAKANDI
         ASSAM.

         5:SRI DIPAYAN PAUL
          S/O- DINESH CH. PAUL
          OLD HOSPITAL ROAD
          P.O. AND P.S. HAILAKANDI
          PIN- 788151
          DIST.- HAILAKANDI
         ASSAM. (OWNER OF VEHICLE NO. AS-24-7009 (TRUCK).
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            6:MD. HUSSAIN AHMED CHOUDHURY
             S/O- LIAKAT ALI CHOUDHURY
            VILL.- BHATISANJURAI
             P.O. KALIBARI BAZAR
             P.S. ALGAPUR
             DIST.- HAILAKANDI
            ASSAM
             PIN- 788151. (DRIVER OF VEHICLE NO. AS-24-7009 (TRUCK)

Advocate for the Petitioner   : MR. A DUTTA

Advocate for the Respondent : MR. M TALUKDAR




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

09.09.2023 This is an appeal filed by the appellant-New India Assurance Co. Ltd. (for short Insurance Company) against the judgment and award dated 30.11.2019 passed by the learned MACT, Cachar, Silchar in MAC Case No.323/2016 whereby an amount of Rs.23,54,800/- along with interest @ 7% per annum from the date of filing as compensation, was directed to be paid by the appellant- Insurance Company to the claimants-respondents. Out of the aforesaid awarded amount of Rs.23,54,800/-, an amount of Rs.16,21,058/- has been deposited by the Insurance Company in the bank account of the claimant no. 1- Happy Das @ Hepi.

Ms. Hena Haflongbar, Assistant Manager of the Insurance Company and the claimant no. 1- Hapy Das @ Hepi along with her learned counsel, Shri M. Talukdar are present today i.e., 09.09.2023 in the National Lok Adalat.

The parties present before this Court jointly submit that the matter has been settled outside the Court whereby the Insurance Company has agreed to Page No.# 3/3

pay another amount of Rs.7,50,000/- as full and final settlement.

In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the another amount of Rs.7,50,000/- being the full and final settlement before the learned MACT, Cachar, Silchar within a period of 60 days from today.

It is informed that the claimant / respondent no. 2 has already passed away.

The claimants would be at liberty to withdraw the aforesaid amount of Rs.7,50,000/- on being properly identified by their learned counsel on the following terms:

i. Rs.3,50,000/- is directed to be released in the name of claimant no. 1-

Happy Das @ Hepi (wife).

ii. Rs.2,00,000/- is directed to be released in the name of claimant no. 3 -

Ganga Rani Roy (mother).

Iii. Rs.2,00,000/- is directed to be released in the name of claimant no. 4 -

fouzdar Rai @ Fouzdar Roy @ Faujdar @ Faujadar (father).

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 60 days.

The MAC appeal is accordingly disposed of.

JUDGE

Comparing Assistant