Page No.# 1/3 vs New India Assurance Company Ltd ...
2023 Latest Caselaw 3617 Gua

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GAHC010003882017




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

                         Case No. : MACApp./182/2019

         SMTI PREMODA BORAH and 2 ORS
         W/O LATE NIPEN BORAH, R/O VILL. DARIKAPAR, NAOJAN, P.O.
         SIVASAGAR, DIST. SIVASAGAR, PIN 785681

         2: MISS SIKSHAJYOTI BORAH

          D/O LATE NIPEN BORAH
          R/O VILL. DARIKAPAR
          NAOJAN
          P.O. SIVASAGAR
          DIST. SIVASAGAR
          ASSAM
          PIN 785681

         3: MISS DIKSHAJYOTI BORAH

          D/O LATE NIPEN BORAH
          R/O VILL. DARIKAPAR
          NAOJAN
          P.O. SIVASAGAR
          DIST. SIVASAGAR
          ASSAM
          PIN 78568

         VERSUS

         NEW INDIA ASSURANCE COMPANY LTD and ANR
         SIVASAGAR BRANCH, REPRESENTED BY REGIONAL OFFICE, G.S. ROAD,
         ABC, GUWAHATI-5 INSURER OF THE VEHICLE NO. AS-04H-2668

         2:SANJIB CHANGMAI

          S/O SRI JITEN CHANGMAI
          VILL. BETBARI
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             2 NO. KONWARGAON
             P.O. and DIST. SIVASAGAR
             ASSAM DRIVER OF THE VEHICLE NO. AS-04H-2668
             PIN 78568

Advocate for the Petitioner   : MR. A D CHOUDHURY

Advocate for the Respondent : MR. S DUTTA




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                        ORDER

09.09.2023 This is an appeal filed by the appellant-claimant against the judgment and award dated 28.05.2015 passed by the learned MACT No. 3, Kamrup (M) in MAC Case No.1560/2013 praying for enhancement of the awarded amount of Rs.6,24,000/- along with interest. The said award was passed in a death case, which has been paid and withdrawn by the claimant.

Ms. Hena Haflongbar, Assistant Manager of the New India Assurance Company Ltd. is present today i.e., 09.09.2023 in the National Lok Adalat.

Since the claimant is stated to be unwell, her learned counsel, Shri Anuj Singha Roy has appeared on the strength of authority letter, which is made part of the records.

The parties present before this Court jointly submit that the matter has been settled outside the Court and additional amount of Rs.5,25,000/- 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 additional amount of Rs.5,25,000/- being the full and final settlement before the learned MACT No. 3, Kamrup (M) within Page No.# 3/3

a period of 60 days from today.

The claimant would be at liberty to withdraw the aforesaid total amount of Rs.5,25,000/- on being properly identified by their learned counsel.

The MAC appeal is accordingly disposed of.

JUDGE

Comparing Assistant