Page No.# 1/3 vs Yiken Lombi And 4 Ors
2025 Latest Caselaw 5344 Gua

Gauhati High Court

Page No.# 1/3 vs Yiken Lombi And 4 Ors on 14 June, 2025

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                           Page No.# 1/3
                                                                                    2020:GAU-AS:12805
GAHC010078862020




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

                                Case No. : MACApp./165/2020

            THE NEW INDIA ASSURANCE CO. LTD.
            HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87, M.G. ROAD,
            FORT, MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH
            FLOOR, LACHIT NAGAR NEAR HANUMAN MANDIR G.S. ROAD,
            GUWAHATI 781007



            VERSUS

            YIKEN LOMBI AND 4 ORS.
            S/O SRI MARYI LOMBI, R/O VILL. LUTAK, P.O. TIRBIN, P.S. TIRBIN, DIST.
            WEST SIANG, ARUNACHAL PRADESH , PIN 791101

            2:MRS. YAMAK YAMBO
            W/O SRI SAFAR YAMBO
             R/O VILL. LUTAK
             P.O. TIRBIN
             P.S. TIRBIN
             DIST. WEST SIANG
            ARUNACHAL PRADESH
             PIN 791101

            3:SAFAR YAMBO
             S/O-
            R/O VILL. LUTAK
             P.O. TIRBIN
             P.S. TIRBIN
             DIST. WEST SIANG
            ARUNACHAL PRADESH
             PIN 79110

Advocate for the Petitioner   : MR. R GOSWAMI, MS. P BORTHAKUR,MR D DEKA
                                                                              Page No.# 2/3
                                                                                   2020:GAU-AS:12805
Advocate for the Respondent : DR. UTPALJEET BARUAH, MR D MONDAL (R-1,2),MS. R R
SARMAH BARUAH (R-1,2)




                                    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 23.12.2019 passed by the learned Member, Motor Accident Claims Tribunal No. 1, Kamrup, Guwahati (for short MACT, Kamrup) in MAC Case No.329/2016 whereby the Insurance Company was directed to pay compensation amounting to Rs.47,90,896/- along with 7.5% interest to the claimants-respondents.

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

It is submitted that an amount of Rs. 23,95,448/- 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.44,27,202/- inclusive interest 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.20,31,754/- being the full and final settlement before the Registry of this Court within a period of 45 days from today.

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

Page No.# 3/3 2020:GAU-AS:12805 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