Page No.# 1/3 vs The Regional Manager New India ...
2025 Latest Caselaw 5316 Gua

Gauhati High Court

Page No.# 1/3 vs The Regional Manager New India ... on 14 June, 2025

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                         Page No.# 1/3

GAHC010011972022




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

                                Case No. : MACApp./79/2022

            SURAJ KHAKHLARY AND ANR.
            S/O LATE SOVA RAM KHAGLARY
            RESIDENT OF VILLAGE UPPER BORGUM, PO AND PS DUDHNAI, DIST
            GOALPARA, ASSAM, 783122

            2: LAKHI KHAKHLARY
            W/O SURAJ KHAKHLARY
            RESIDENT OF VILLAGE UPPER BORGUM
             PO AND PS DUDHNAI
             DIST GOALPARA
            ASSAM
             78312

            VERSUS

            THE REGIONAL MANAGER NEW INDIA ASSURANCE CO. LTD. AND 5 ORS.
            GS ROAD, ULUBARI, PO GUWAHATI, 781007, ASSAM

            6:THE REGIONAL MANAGER

            ORIENTAL INSURANCE CO. LTD.
            REGIONAL OFFICE
            GUWAHATI
            GS ROAD
            ULUBARI
            PO GUWAHATI
            781007. DIST KAMRUP M ASSA

Advocate for the Petitioner   : MR. A R AGARWALA, MR A AGARWALA

Advocate for the Respondent : MS. R D MOZUMDAR (r-6), MR. S DUTTA,MR S DUTTA,MR. S P
SHARMA (r-6),MS. C MOZUMDAR (r-6)
                                                                     Page No.# 2/3


                                BEFORE
               HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                    ORDER

14.06.2025 This is an appeal filed by the appellants-claimants against the judgment and award dated 03.11.2016 passed by the Learned Member, Motor Accident Claims Tribunal, Goalpara in MAC Case No. 171/2014 praying for enhancement of the awarded amount.

2. Shri R.C. Pathak, Manager of the Oriental Insurance Company Ltd. (Insurance Company) and the claimant no. 2 - Lakhi Khakhlary along with her learned counsel, Shri AR Agarwala are present today i.e., 14.06.2025 in the National Lok Adalat.

3. At the outset, it has been informed that the appellant no. 1 has passed away and the appellant no. 2 is present today, who is the wife of the appellant no. 1. It has also been informed that the awarded amount was to be satisfied by the two Insurance Companies i.e. New India Assurance Company and Oriental Insurance Company. The New India Assurance Company has already settled the amount and paid.

4. The parties present before this Court jointly submit that the matter has been settled between the parties and a lump sum amount of Rs.3,20,000/- has been agreed upon.

5. In view of the above, the appeal stands closed with a direction that the Oriental Insurance Company shall deposit the said amount of Rs.3,20,000/-, which is being the full and final settlement before the Registry of this Court within a period of 45 days from today.

6. The claimant no. 2 would be at liberty to withdraw the entire amount on Page No.# 3/3

being properly identified by her learned counsel.

7. The appeal stands disposed of.

8. Send back the LCR, if any.

JUDGE

Comparing Assistant