New India Assurance Co Ltd vs Shariful Islam Khan
2025 Latest Caselaw 9425 Gua

Gauhati High Court

New India Assurance Co Ltd vs Shariful Islam Khan on 13 December, 2025

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                        Page No.# 1/4

GAHC010233332025




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

                                  Case No. : MACApp./562/2025

            NEW INDIA ASSURANCE CO LTD
            A CO. REGD. UNDER THE COMPANIES ACT, 1956, REP. BY ITS REGIONAL
            MANAGER, LACHIT NAGAR, GUWAHATI-07



            VERSUS

            SHARIFUL ISLAM KHAN
            S/O LT AJIJUL HOQUE, R/O VILL. DIGHALLATI GAON PS. JURIA, DIST.
            NAGAON, ASSAM, PIN-782103

            2:SHEKH ABDUL
             S/O KASEM ALI
             R/O VILL. SHILLONGANI. PS. NAGAON SADAR
             DIST. NAGAON
            ASSAM
             PIN-782001

            3:SIRAJUL HOQUE
             SO NURUL ISLAM
             R/O VILL SHILLONGANI PS NAGAON SADAR
             DIST. NAGAON
            ASSAM
             PIN-78200

Advocate for the Petitioner   : POOJA GOSWAMI, MS L SHARMA

Advocate for the Respondent : ,
                                                                Page No.# 2/4

             Linked Case : I.A.(Civil)/4059/2025

         NEW INDIA ASSURANCE CO LTD
         A CO. REGD. UNDER THE COMPANIES ACT
         1956
         REP. BY ITS REGIONAL MANAGER
         LACHIT NAGAR
         GUWAHATI-07


             VERSUS

         SHARIFUL ISLAM KHAN
         S/O LT AJIJUL HOQUE
         R/O VILL. DIGHALLATI GAON PS. JURIA
         DIST. NAGAON
         ASSAM
         PIN-782103

         2:SHEKH ABDUL
         S/O KASEM ALI
          R/O VILL. SHILLONGANI. PS. NAGAON SADAR
          DIST. NAGAON
         ASSAM
          PIN-782001

         3:SIRAJUL HOQUE
         SO NURUL ISLAM
         R/O VILL SHILLONGANI PS NAGAON SADAR
         DIST. NAGAON
         ASSAM
         PIN-782001
         ------------
         Advocate for : POOJA GOSWAMI
         Advocate for : appearing for SHARIFUL ISLAM KHAN



                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                            ORDER

13.12.2025 This is an appeal filed by the appellant- New India Assurance Company Ltd. (for short Insurance Company) against the judgment and award dated Page No.# 3/4

13.06.2025 passed by the Learned Member, Motor Accident Claims Tribunal, Nagaon in MAC Case No. 407/2022.

2. Ms. Hena Haflongbar, Assistant Manager of the Insurance Company and the claimant - Shariful Islam Khan along with his learned counsel, Shri AN Iqbal are present today i.e., 13.12.2025 in the National Lok Adalat.

3. The parties present before this Court jointly submit that the matter has been settled between the parties and a lump sum amount of Rs.28,00,000/-, which is inclusive of all interest component, has been agreed upon. The Insurance Company would be at liberty to deduct the TDS from the interest component.

4. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the said amount, after deducting the TDS from the interest component, which is being the full and final settlement before the Motor Accident Claims Tribunal, Nagaon within a period of 45 days from today.

5. The manner of release of the aforesaid amount would be in the following terms:

i) Out of the aforesaid awarded amount, Rs.5,00,000/- is directed to be deposited in a Fixed Deposit scheme in the name of claimant -

Shariful Islam Khan in any nationalized bank for a period of 3 years with a renewable clauses and remaining amount is directed to be released to the claimant.

6. The claimant would be at liberty to withdraw the aforesaid amount on being properly identified by his learned counsel.

7. The statutory deposit of Rs.25,000/- made by the Insurance Company at the time of filing of the appeal would be refunded to the Insurance Company Page No.# 4/4

within a period of 30 days.

8. The appeal as well as the I.A. accordingly stand disposed of.

9. Send back the LCR, if any.

JUDGE

Comparing Assistant