New India Assurance Co. Ltd vs Md Safulla Ali And 2 Ors
2023 Latest Caselaw 3619 Gua

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GAHC010003272017




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

                                Case No. : MACApp./121/2018

            NEW INDIA ASSURANCE CO. LTD.
            HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING
            87 MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL
            OFFICE AT G.S. ROAD, ABC, GUWAHATI AND ONE OF ITS BRANCH OFFICE
            AT NALBARI



            VERSUS

            MD SAFULLA ALI and 2 ORS
            R/O VILL.UTTAR OUBARI, P.S. GORESWAR, DIST. BASKA (ASSAM),
            PRESENTLY RESIDING AT AMBARI, LAMB ROAD, P.O.PANBAZAR, P.S.
            LATASIL, DIST. KAMRUP, ASSAM-781366

            2:NIKHIL GHOSE
             R/O VILL. GORESWAR
             P.S. GORESWAR
             DIST. BASKA (ASSAM)
             PIN 781366 (OWNER OF VEHICLE NO. AS-01/G-3873)

            3:RAGHU BARUAH
             R/O VILL. KARIPARA
             P.S. GORESWAR
             DIST. BASKA (ASSAM)
             PIN 781366 (DRIVER OF VEHICLE NO. AS-01/G-3873

Advocate for the Petitioner   : MR. K K BHATRA

Advocate for the Respondent :
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                                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 18.03.2017 passed by the Addl. District Judge, FTC No.3, Kamrup (M), Guwahati (for short FTC No. 3) in MACT Case No.1046/2007 whereby an amount of Rs.7,59,000/- along with interest, as compensation, was directed to be paid by the appellant- Insurance Company to the claimants-respondents. Out of the aforesaid awarded amount of Rs.7,59,000/-, an amount of Rs. 7,28,103/- has been deposited by the Insurance Company which, however, has not been withdrawn by the claimants-respondents.

Ms. Hena Haflongbar, Assistant Manager of the Insurance Company and the claimant-Md. Safulla Ali along with his learned counsel, Shri TR Sarma 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. 9,09,253/- 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 balance amount of Rs.1,81,150/- being the full and final settlement before the Registry of this Court within a period of 60 days from today.

The claimant would be at liberty to withdraw the aforesaid total amount of Rs. 9,09,253/- on being properly identified by his learned counsel. The manner of release of the aforesaid amount would be in the following terms:

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i) Out of the aforesaid awarded amount of Rs. 9,09,253/-, an amount of Rs. 4,00,000/- is directed to be deposited in a Fixed Deposit scheme in the name of claimant-Md. Safulla Ali in any nationalized bank for a period of 3 years.

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