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Gauhati High Court
Sri Babul Saikia vs Sri Iainehlang Dkhar on 8 December, 2025
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GAHC010242702025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3676/2025
SRI BABUL SAIKIA
S/O LATE KHAGEN SAIKIA R/O-VILLAGE-MADHAGAON P.O. KUWORITOL
P.S-KOLIABOR DISTRICT- NAGAON, ASSAM. T/ADDRESS COTTON ROAD
TEZPUR DISTRICT-SONITPUR
VERSUS
SRI IAINEHLANG DKHAR
S/O LATE I MANIK SYRM, RESIDENT OF VILLAGE-RIATSAMTHIAH,
BLOCK-1 SHILLONG, C/O MOBELLA HOUSE,EAST KHASI
HILLS,MEGHALAYA
2:SRI BANKERING KKURBAH
S/O LATE KYRSIAN R/O-VILLAGE-MAWLWUMTHLANY P.S.-MOWLAI
DISTRICT-EAST KHASI HILLS
MEGHALAYA DRIVER
3:THE NEW INDIA ASSURANCE CO LTD
2ND FLOOR
R.P.G.COMPLEX
KEATING ROAD
SHILLONG-
Advocate for the Petitioner : MR. P SUNDI,
Advocate for the Respondent : MR. R GOSWAMI,
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 08.12.2025
1. Heard Mr. P. Sundi, learned counsel for the applicant. Also heard Mr. R.
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Goswami, learned counsel for the respondent No. 3/Insurance Company.
2. This interlocutory application has been registered on the basis of a joint
compromise application filed by the appellant/claimant and the Insurance
Company/respondent No. 3 in MAC Appeal No. 246/2019.
3. The aforementioned appeal was preferred by the claimant/appellant
against the judgment and award dated 24.01.2019 passed by the learned Member,
Motor Accident Claims Tribunal, Sonitpur in MAC Case No. 39/2017(I). By the
impugned order, the applicant was granted a compensation amount of
Rs.7,22,676/- and on being aggrieved by the quantum of the said compensation
amount, the connected MAC Appeal No. 246/2019 has been preferred.
4. Now, by this joint compromise petition, the Insurance Company and the
appellant has agreed to amicably settle their claim at an agreed compensation
amount of Rs.12,00,000/- (Rupees Twelve Lakhs) only. As per the settlement
arrived at between the parties, the Insurance Company shall pay an amount of
Rs.12,00,000/- (Rupees Twelve Lakhs) only against the original compensation
awarded to the claimant in MAC Case No. 39/2017. The said instant compromise
petition is supported by an affidavit sworn jointly by the Manager of the New India
Assurance Company Limited and the appellant, namely, Babul Saikia.
5. Considering the submissions made by the learned counsel for the
applicant/appellant as well as the Insurance Company and after going through the
contents of the joint compromise application supported by affidavit filed by the
respective parties, this interlocutory application is allowed and the MAC Appeal No.
246/2019 is disposed of in terms of the compromise arrived at between the parties.
6. As per the settlement arrived at between the parties, the Insurance
Company shall pay a sum of Rs.12,00,000/- (Rupees Twelve Lakhs) only which
shall discharge the Insurance Company at all liabilities in the said case.
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7. The Insurance Company is accordingly directed to deposit Rs.12,00,000/-
(Rupees Twelve Lakhs) only as enhanced compensation amount to the Registry of
this Court within a period of four weeks from the date of this order.
8. On deposit of the said amount, same shall be disbursed to the
claimant/appellant by the Registry after proper verification.
9. This interlocutory application is accordingly disposed of.
JUDGE
Comparing Assistant
