Page No.# 1/3 vs The New India Assurance Company Ltd And 2 ...
2025 Latest Caselaw 5324 Gua

Gauhati High Court

Page No.# 1/3 vs The New India Assurance Company Ltd And 2 ... on 14 June, 2025

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                       Page No.# 1/3

GAHC010280312023




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

                          Case No. : MACApp./456/2023

         SAFIYA @ SAFIA BEGUM AND 4 ORS.
         W/O LATE RAFIK ALI @ BHAITI,
         VILL.- NO. 2, JAMBARI, P.O. AND P.S. BOKO- 781123, DIST.- KAMRUP
         (ASSAM).

         2: RAJIB AHMED
          S/O LATE RAFIK ALI @ BHAITI

         VILL.- NO. 2
          JAMBARI
          P.O. AND P.S. BOKO- 781123
          DIST.- KAMRUP (ASSAM).
         (BEING MINOR REP. BY HIS MOTHER
          APPELLANT NO. 1).

         3: FARIHA WAHID
          D/O LATE RAFIK ALI @ BHAITI

         VILL.- NO. 2
          JAMBARI
          P.O. AND P.S. BOKO- 781123
          DIST.- KAMRUP (ASSAM).
         (BEING MINOR REP. BY HIS MOTHER
          APPELLANT NO. 1).

         4: AACHIRAN @ ACHIRAN BIBI
         W/O CHAMIR ALI @ MD. SAMIR ALI

         VILL.- NO. 2
         JAMBARI
         P.O. AND P.S. BOKO- 781123
         DIST.- KAMRUP (ASSAM).

         5: CHAMIR ALI @ MD. SAMIR ALI
                                                                           Page No.# 2/3

             S/O LATE MERO @ MEO SHEIKH

            VILL.- NO. 2
            JAMBARI
            P.O. AND P.S. BOKO- 781123
            DIST.- KAMRUP (ASSAM)

            VERSUS

            THE NEW INDIA ASSURANCE COMPANY LTD AND 2 ORS.
            G.S. ROAD, ULUBARI, GUWAHATI- 781007.

            2:SUCHIL KALITA
             S/O BHABEN KALITA

            VILL.- PACHIM KRISHNA KANTA HANDIQUE NAGAR
            HOUSE NO. 38
            KAHILIPARA (NEAR BIHU FILED)
            P.O.- KAHILIPARA
            GUWAHATI- 781019
            DIST.- KAMRUP (M) (ASSAM).

            3:KHAIBOR ALI
             S/O KOSIR ALI

            VILL.- NO. 1
            JAMBARI
            P.O. BOKO- 781123
            DIST.- KAMRUP (ASSAM)

Advocate for the Petitioner   : MR. A R AGARWALA, MS. R LAILA,MR ADITYA
AGARWALA,MD. K ALI

Advocate for the Respondent : MR F HAQUE (R-3), MS. P BORTHAKUR (R-1),MS. M SAIKIA
(R-1),MR. R GOSWAMI (R-1),MR. S K M ALOMGIR (R-3),MR A ISLAM (R-3)




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

14.06.2025 The appeal has been filed by the appellants-claimants against the judgment and award dated 11.09.2023 passed by the Learned Member, Motor Page No.# 3/3

Accident Claims Tribunal, Kamrup, Amingaon in MAC Case No. 37/2021 praying for enhancement of the awarded amount.

2. Ms. Hena Haflongbar, Assistant Manager of the New India Assurance Company (Insurance Company) and the claimant No.1 - Safiya @ Safia Begum along with her learned counsel, Shri AR Agarwala are present today i.e., 14.06.2025 in the National Lok Adalat.

3. The parties present before this Court jointly submit that the matter has been settled between the parties and an additional amount of Rs.3,00,000/- has been agreed upon.

4. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the additional amount of Rs.3,00,000/- being the full and final settlement before the Registry of this Court within a period of 45 days from today.

5. The claimant No. 1 would be at liberty to withdraw the aforesaid amount of Rs.3,00,000/- on being properly identified by her learned counsel.

6. The appeal stands disposed of.

7. Send back the LCR, if any.

JUDGE

Comparing Assistant