Gauhati High Court
Page No.# 1/3 vs National Insurance Co Ltd And Ors on 7 August, 2025
Page No.# 1/3
GAHC010135982025
2025:GAU-AS:10317
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2044/2025
JOTASNA DAS AND ORS
W/O RAMESH DAS, VILL.- BARANTI MANIARI (DHARAMPARA), P.S.-
CHAYGAON- 781124, DIST.- KAMRUP (ASSAM).
2: RAMESH DAS
D/O LATE DANDIRAM DAS
VILL.- BARANTI MANIARI (DHARAMPARA)
P.S.- CHAYGAON- 781124
DIST.- KAMRUP (ASSAM)
VERSUS
NATIONAL INSURANCE CO LTD AND ORS
REP. BY ITS REGIONAL MANAGER, G.S. ROAD, BHANGAGARH, P.O.-
GUWAHATI- 78105, DIST.- KAMRUP (M) (ASSAM).
2:MD. MANIR ALI
S/O MD. UMAR ALI
VILL.- HALIGAON
P.O.- PALASHBARI- 781128
DIST.- KAMRUP (ASSAM).
3:MD. RASMIL ALI
S/O LATE HAIDAR ALI
VILL.- HALIGAON
P.O.- PALASHBARI- 781128
DIST.- KAMRUP (ASSAM)
Advocate for the Petitioner : MR. A R AGARWALA,
Advocate for the Respondent : MRS. D DAS BARMAN,
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Linked Case : MACApp./278/2024
JOTASNA DAS AND ANR
W/O RAMESH DAS
VILL.- BARANTI MANIARI (DHARAMPARA)
P.S.- CHAYGAON- 781124
DIST.- KAMRUP (ASSAM).
2: RAMESH DAS
D/O LATE DANDIRAM DAS
VILL.- BARANTI MANIARI (DHARAMPARA)
P.S.- CHAYGAON- 781124
DIST.- KAMRUP (ASSAM).
VERSUS
NATIONAL INSURANCE COMPANY LTD.
REP. BY ITS REGIONAL MANAGER
G.S. ROAD
BHANGAGARH
P.O.- GUWAHATI- 78105
DIST.- KAMRUP (M) (ASSAM).
------------
Advocate for : MR. A R AGARWALA
Advocate for : appearing for NATIONAL INSURANCE COMPANY LTD.
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
07.08.2025
Heard Mr. A. R. Agarwala, learned counsel for the applicant and Mrs. D. Das Barman,
learned counsel for the Opposite party.
2) This joint application is preferred by the appellant/claimant and the respondent No. 1,
the National Insurance Co. Ltd., in MAC Appeal No. 278/2024, to allow the petitioners to
amicably compromise the settlement of the MAC Appeal No. 278/2024 for an additional
amount, being Rs. 2,00,000/- and also to allow the amount to be deposited in the bank
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account of the claimant No.1/appellant No. 1, through electronic transfer.
3) It is submitted at the bar that the MAC Appeal No. 278/2024 has been preferred for
enhancement of the amount of Rs. 10,03,000/-, which was awarded by the learned Member,
Motor Accident Claims Tribunal No. 1, Kamrup, Guwahati, in MAC Case No. 1395/2020, and
that the original award, i.e., Rs. 10,03,000/-, along with the interest has already been paid,
and both the parties have amicably settled the present appeal for enhancement at Rs.
2,00,000/-, and the said amount will be deposited by the National Insurance Co. Ltd. within a
period of 4 (four) weeks from today in the account of the Claimant No. 1 and therefore, it is
contended to allow this application and to dispose of the MAC Appeal No. 278/2024.
4) Having heard the submissions made by the learned counsels for both the parties, I
have carefully gone through the petition and the documents placed on record and it appears
that the parties have settled the additional placed on record and the impugned judgment and
award.
5) Since the matter has been settled by the parties, nothing survives and accordingly, this
application stands allowed.
6) The Insurance company shall deposit the additional amount of Rs. 2,00,000/- in the
account of the appellant/claimant No. 1 via electronic mode, within a period of 4 (four) weeks
from today.
7) Mr. Agarwala, learned counsel for the claimant/appellant shall furnish the bank
particulars of the appellant/claimant No. 1 to Mrs. D. Das Barman within 1 (one) week.
8) In terms of the above, this interlocutory application and MAC Appeal No. 278/2024
stands disposed of.
JUDGE
Comparing Assistant
