New India Assurance Co Ltd vs Sahanara Begum Laskar (Choudhury) And 2 ...
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Gauhati High Court

New India Assurance Co Ltd vs Sahanara Begum Laskar (Choudhury) And 2 ... on 14 June, 2025

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                       Page No.# 1/3

GAHC010169682024




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

                                Case No. : MACApp./511/2024

            NEW INDIA ASSURANCE CO LTD
            HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87,
            MAHATMA GANDHI ROAD, MUMBAI, AND ONE OF THE REGIONAL
            OFFICE AT STAR CITY COMPLEX, 5TH FLOOR, LACHIT NAGAR,
            GUWAHATI-781005, NEAR HANUMAN MANDIR.



            VERSUS

            SAHANARA BEGUM LASKAR (CHOUDHURY) AND 2 ORS
            W/O. KAMAL UDDIN LASKAR, D/O. LATE NUR UDDIN CHOUDHURY,
            VILL.- GOSSAIPUR, PT-III, P.S.- UDHARBAND, DIST. CACHAR (ASSAM)

            2:SAHARUL ISLAM CHOUDHURY
             S/O. JILKADAR ALI CHOUDHURY
            VILL. GOSSAIPUR
             PT-IV
             P/O. AND P/S.- GOSSAIPUR
             PIN-788030
             DIST. CACHAR (ASSAM)

            3:SHIB SHANKAR DEY
             S/O. SATISH RANJAN DEY
            VILL- SARATPALLY
             KANAKPUR
             PT.-I
             P/O. LINK ROAD
             PIN-788006
             P/S. SILCHAR
             DIST.- CACHAR
             (ASSAM

Advocate for the Petitioner   : MR. K K BHATTA,
                                                                            Page No.# 2/3


Advocate for the Respondent : MR. M TALUKDAR (R-1),




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                        ORDER

14.06.2025 This is an appeal filed by the appellant-New India Assurance Co. Ltd. (for short Insurance Company) against the judgment and award dated 04.03.2024 passed by the learned Member, Motor Accident Claims Tribunal, Cachar, Silchar (for short MACT, Silchar) in MAC Case No. 430/2019 whereby the Insurance Company was directed to pay compensation amounting to Rs.51,61,090/- along with 9% interest to the claimant-respondent.

Shri Biswanath Boro, Regional Manager and Ms. Hena Haflongbar, Assistant Manager of the Insurance Company and the claimant-Sahanara Begum Laskar along with her learned counsel, Shri M Talukdar are present today i.e., 14.06.2025 in the National Lok Adalat.

It is submitted that an amount of Rs. 25,80,545/- has already been paid by the Insurance Company.

The parties present jointly submit that the matter has been amicably settled between the parties and an amount Rs.65,00,000/- as full and final settlement has been agreed upon. It is, however made clear that the interest component would be subject to TDS.

In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the balance amount of Rs.39,19,545/- being the full and final settlement before the MACT, Silchar within a period of 45 days from today.

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

Page No.# 3/3

Shri Talukdar, learned counsel assisting the claimant has submitted that there is urgent requirement of money as the injured is in serious bedridden condition.

In view of the above, the period of FD indicated in the aforesaid award dated 04.03.2024 is modified from 10 years to 5 years with a renewable clause.

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 within a period of 30 days.

Send back the LCRs, if any.

JUDGE

Comparing Assistant