Gauhati High Court
New India Assurance Company Ltd vs Akbar Ali And 5 Ors on 14 June, 2025
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/3
GAHC010003022017
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./148/2018 with
CO/33/2021
NEW INDIA ASSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87, M.G.
ROAD,FORT, MUMBAI AND ITS REGIONAL OFFICE AT G.S. ROAD,
BHANGAGARH, GUWAHATI.
VERSUS
AKBAR ALI and 5 ORS
S/O LATE SAHAMATALI
R/O VILLAGE -DAWAGURI
P.O. SRIRAMPUR ,
P.S. GOSSAIGAON
DIST. KOKRAJHAR ,ASSAM
PIN .783360 (CLAIMANT)
2:sibu chanda
S/O LATE NIRMAL KR. CHANDA R/O VILLAGE - SOUTH TOKRACHARA
P.S .GOLAKGANJ
DIST. DHUBRI
ASSAM PIN. 783334 (OWNER OF THE VEHICLE NO. AS- 17/7152 (BUS) )
3:Sankar DUTTA
S/O SRI SANTI DUTTA WARD NO .II P.O. CHAPAR
P.S. CHAPAR DIST. DHUBRI
ASSAM. PIN.7833371.(OWNER OF THE VEHISLE NO. AS- 21/ 5029(TRUCK) )
4:BAJAJ ALLIANZ GENERAL INSURANCE CO . LTD
2B
2ND FLOOR
CENTRE POINT
G.S. ROAD ULUBARI
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GUWAHATI- 781007. (INSURER OF THE VEHICLE NO. AS -21 /5029(TRUCK)
5:MD SAHIDUL HAQUE
S/O LATE KHALILUDDIN SK R/O VILLAGE -UTTAR RAJPUR P.S.
GOLAKGANJ
DISTRICT. DHUBRI
ASSAM. PIN 783334 (DRIVER OF THE VEHICLE NO. AS - 17/7152(BUS) )
6:MD BHAGON ALI
S/O A.A. MONDAL R/O VILLAGE BIRCHAPATA P.S. BILASIPARA
DIST. DHUBRI
ASSAM
PIN .783348 . (DRIVER OF THE VEHICLE NO. AS- 21/5029(TRUCK)
Advocate for the Petitioner : MR. R GOSWAMI, MS. P BORTHAKUR,MS. M SAIKIA
Advocate for the Respondent : MR. R K JAIN (R2), MR. H S BORAH(R-4),MR. P HAZARIKA (R-
4),MR. A R AGARWALA (R1),TULIKA BORAH (R2)
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 22.05.2015 passed by
the learned Member, Motor Accident Claims Tribunal, Dhubri (for short MACT, Dhubri)
in MAC Case No. 568/2009.
Shri Biswanath Boro, Regional Manager and Ms. Hena Haflongbar, Assistant
Manager of the Insurance Company and the claimant-Akbar Ali along with his learned
counsel, Shri AR Agarwala are present today i.e., 14.06.2025 in the National Lok
Adalat.
It is submitted that an amount of Rs. 2,50,000/- 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.10,50,000/- which includes interest as full and
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final settlement has been agreed upon. The interest amount would, however, be
subjected to necessary TDS.
In view of the above, the appeal stands closed with a direction that the
Insurance Company shall deposit the balance amount of Rs.8,00,000/- being the full
and final settlement before the Registry of this Court within a period of 45 days from
today.
The claimant, Akbar Ali would be at liberty to withdraw the aforesaid amount on
being properly identified by his learned counsel.
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.
Both the appeal and cross-objection stand disposed of.
Send back the LCRs, if any.
JUDGE
Comparing Assistant
