New India Assurance Co. Ltd vs Lalghari Joga @ Laljhori Karmakar
2025 Latest Caselaw 5340 Gua

Gauhati High Court

New India Assurance Co. Ltd vs Lalghari Joga @ Laljhori Karmakar on 14 June, 2025

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                          Page No.# 1/3

GAHC010018822025




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

                                   I.A.(Civil)/363/2025 in
                              MAC App./1102/2025 (filing number)

            NEW INDIA ASSURANCE CO. LTD.
            A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, REP. BY ITS
            REGIONAL MANAGER, G.S. ROAD, GUWAHATI-7


            VERSUS

            LALGHARI JOGA @ LALJHORI KARMAKAR
            W/O. SRI GOKUL KARMAKAR

            2:BHAGYASHRI KARMAKAR
             D/O. SRI GOKUL KARMAKAR
            BOTH ARE R/O. DHOEDAAM TEA ESTATE
             P/O. BORHAPJAN
             P/S. DOOMDOOMA
            DIST. TINSUKIA
            ASSAM
             PIN-786150

            3:GOKUL GOGOI
             S/O. SRI. N. GOGOI
            R/O. VILL.-BAPAPUNG
             DIGBOI
            P/O. AND P/S. DIGBOI
             DIST. TINSUKIA
            ASSAM
             PIN-786171

Advocate for the Petitioner   : MR. A ACHARYA, MRS S ACHARYA,MRS B ACHARYA

Advocate for the Respondent : ,
                                                                               Page No.# 2/3




             MAC App./1102/2025 (filing number)

             NEW INDIA ASSURANCE CO LTD
             GS ROAD
             GUWAHATI

             VERSUS

             SMTI LALGHARI JOGA ALIAS LALJHORI KARMAKAR
             TINSUKIA
             ASSAM

             ------------
             Advocate for : AYUSMAN ACHARYA
             Advocate for : appearing for SMTI LALGHARI JOGA ALIAS LALJHORI
             KARMAKAR


                                  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 31.08.2024 passed by the learned Member, Motor Accident Claims Tribunal, Tinsukia (for short MACT, Tinsukia) in MAC Case No. 37/2019 whereby the Insurance Company was directed to pay compensation amounting to Rs.10,12,072/- along with 6% interest to the claimants.

Shri Biswanath Boro, Regional Manager and Ms. Hena Haflongbar, Assistant Manager of the Insurance Company and the claimants along with the learned counsel, Shri VP Gupta are present today i.e., 14.06.2025 in the National Lok Adalat.

The parties present jointly submit that the matter has been amicably settled between the parties and an amount Rs.8,83,463/- as full and final settlement has been agreed upon.

Page No.# 3/3

In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the aforesaid amount of Rs.8,83,463/- being the full and final settlement before the MACT, Tinsukia within a period of 45 days from today.

The claimant no. 1, who is the wife of the deceased has submitted that the entire amount be deposited in the name of the claimant no. 2-daughter of the deceased.

The claimants would be at liberty to withdraw the aforesaid amount on being properly identified by the learned counsel. However, in the interest of justice, the manner of release of the aforesaid amount of Rs.8,83,463/- would be in the following terms:

i) Rs. 3,00,000/- shall be released to the claimant/respondent no. 1-

Lalghari Joga @ Laljhori Karmakar, wife of the deceased; and

i) Rs.5,83,463/- shall be released to the claimant/respondent no. 2-Ms. Bhagyashri Karmakar, daughter of the deceased.

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