New India Assurance Co. Ltd vs On The Death Of Dipak Thakuria And ...
2023 Latest Caselaw 3612 Gua

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GAHC010095352018




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

                        Case No. : MACApp./363/2018

         NEW INDIA ASSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT 24
         WHITES ROAD
         CHENNAI AND ONE OF THE REGIONAL OFFICE G.S. ROAD
         GUWAHATI -06


          VERSUS

         ON THE DEATH OF DIPAK THAKURIA AND HIS LEGAL HEIRS ANR
         S/O LATE JOYSING THAKURIA
         RESIDENT OF VILL. SALMARA BIL
         MOUZA BHURAGAON P.O. GERUA
         PIN 782121 P.S. BHURAGAON
         PIN --DIST. MORIGAON
         ASSAM

         1.1:SMTI MAUCHUMI THAKURIA
         WIFE OF LATE DIPAK THAKURIA
          1.2:SRI DIPJYOTI THAKURIA (MINOR)
         SON OF LATE DIPAK THAKURIA
          1.3:SRI AKASH THAKURIA (MINOR)
         SON OF LATE DIPAK THAKURIA THE LEGAL HEIRS NO 1(1) AND 1(C) ARE
         BEING MINOR ARE REPRESENTED BY SMTI MAUCHUMI THAKURIA WHO
         IS THE MOTHER AND THEIR NATURAL GUARDIAN. ALL ARE RESIDENTS
         OF VILL- SALMARA BIL
          MOUZA- BHURAGAON
          P.S . BHURAGAON DIST MORIGAON ASSAM 782121
          2:MD APTAR HUSSAIN
         S/O MD ISLAM ALI
         RESIDEDNT OF VILL. MIKIRGAON
         P.O. PATUAKATA
         PIN. 782104
         P.S. MIKIRBHETA DIST. MORIGAON
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          ASSAM
          ------------
          Advocate for : MR. K K BHATTA
          Advocate for : appearing for ON THE DEATH OF DIPAK THAKURIA AND HIS
          LEGAL HEIRS ANR



                                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 25.10.2017 passed by the learned MACT, Morigaon in MAC Case No.121/2012 whereby an amount of Rs.6,45,112/- as compensation, was directed to be paid by the appellant-Insurance Company to the claimants-respondents.

Ms. Hena Haflongbar, Assistant Manager of the Insurance Company and the claimant No. 1(1) - Smti Mouchumi Thakuria [legal heirs 1(2) and 1(3) are being minor are represented by 1(1) - Smti Mouchumi Thakuria, who is the mother and natural guardian] 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 and a total amount of Rs.3,00,000/- as full and final settlement has been agreed upon.

In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the total amount of Rs.3,00,000/- being the full and final settlement before the Registry of this Court within a period of 60 days from today.

The claimant No. 1(1) would be at liberty to withdraw the aforesaid total Page No.# 3/3

amount of Rs.3,00,000/- on being properly identified by her learned counsel.

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