Gauhati High Court
The National Insurance Company Limited vs Smti Kalpana Konwar And 2 Ors (D) on 17 February, 2025
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GAHC010118282020
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./340/2022
THE NATIONAL INSURANCE COMPANY LIMITED
REGD HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA 700071, REP.
BY THE MANAGER, GAUHATI REGIONAL OFFICE, BHANGAGARH, GHY-
781005
VERSUS
SMTI KALPANA KONWAR AND 2 ORS (D)
W/O- LATE JOGESWAR KONWAR, R/O- SIMALUGURI GAON, P.O-
NAVAJYOTI, P.S- BORDUMSA, DIST- TINSUKIA, ASSAM, PIN- 786152
2:GITANJALI KONWAR
D/O- LATE JOGESWAR KONWAR
R/O- SIMALUGURI GAON
P.O- NAVAJYOTI
P.S- BORDUMSA
DIST- TINSUKIA
ASSAM
PIN- 786152
3:JAYANTA SONOWAL
S/O- LATE KESHAB SONOWAL
R/-O LAINA UDALGURI GAON
P.O AND P.S- DOOMDOOMA
DIST- TINSUKIA
ASSAM
PIN- 78615
Advocate for the Petitioner : MS. R D MOZUMDAR, MR. S P SHARMA,MS. C MOZUMDAR
Advocate for the Respondent : ,
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Linked Case : MACApp./71/2020
SMTI. KALPANA KONWAR
W/O LATE JOGESWAR KONWAR
RESIDENT OF SIMALUGURI GAON
P.O. NAVAJYOTI
P.S. BORDUMSA
DIST. TINSUKIA
ASSAM
VERSUS
SRI JAYANTA SONOWAL AND ANR
S/O LATE KESHAB SONOWAL
RESIDENT OF UDALGURI GAON
P.O. AND P.S. DOOMDOOMA
DIST. TINSUKIA
ASSAM. DRIVER AND OWNER OF THE VEHICLE.
2:THE MANAGER
NATIONAL INSURANCE CO. LTD.
DIVISIONAL OFFICE
NEAR ASTC BUS STAND
A.T. ROAD
TINSUKIA
P.O.
P.S. AND DIST. TINSUKIA
ASSAM. INSURER OF THE VEHICLE.
------------
Advocate for : MR. A K GUPTA
Advocate for : MS G K DAS appearing for SRI JAYANTA SONOWAL AND ANR
BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
17.02.2025
Heard Ms. R. D. Mozumdar, learned counsel for the Insurer/Insurance
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Company. Also heard Mr. A.K. Gupta, learned counsel for the claimants/Smt
Kalpana Konwar and Smt Gitanjali Dutta.
2. The MACApp. No. 71/2020 was preferred by the claimant Smti Kalpana
Konwar, whereas, the MACApp. No. 340/2022 was preferred by the National
Insurance Company Limited i.e. the Insurer.
3. Both the parties have amicably settled their dispute and the Insurer/
National Insurance Company Limited has agreed to pay an amount of Rs.
19,85,827/-(Rupees Nineteen Lakh Eighty Five Thousand Eight Hundred Twenty
Seven) only to the claimant Smti Kalpana Konwar. The claimant has agreed to
accept the said amount to be deposited by the Insurer.
4. Both the MAC Appeals arise out of the judgment and order dated
11.09.2019 passed by the learned Member, Motor Accident Claims Tribunal,
Tinsukia, in MAC Case No. 28/2017 and award was passed by the Tribunal
directing the Insurer to pay an amount of Rs. 18,52,992/-(Rupees eighteen Lakh
Fifty Two Thousand Nine Hundred Ninety Two) only with interest at the rate of
6% per annum to the claimant No.1 Smt Kalpana Konwar.
5. It is submitted on behalf of the Insurer that statutory amount of Rs.
25,000/- was deposited before the Registry of this Court. The Insurer is allowed
to withdraw the statutory amount of Rs. 25,000/- from the Registry of this
Court.
6. After considering the submissions on behalf of both the parties and also
after considering the submissions that both the parties have amicably settled
their dispute, the insurer is hereby directed to pay an amount of Rs.19,85,827/-
(Rupees Nineteen Lakh Eighty Five Thousand Eight Hundred Twenty Seven) only
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to the claimant No.1, Smt Kalpana Konwar. The insurer is directed to deposit an
amount of Rs. 19,85,827/- before the learned Member, Motor Accident Claims
Tribunal, Tinsukia, within 4(four) weeks from the date of this order, which may
be received by the claimant Smt Kalpana Konwar.
7. With the above observation and direction, these MAC Appeals stands
disposed of.
JUDGE
Comparing Assistant
