Gauhati High Court
Page No.# 1/4 vs Smti Ruli Gogoi And 5 Ors on 14 June, 2025
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/4
GAHC010136502016
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./969/2018
THE NEW INDIA ASSURANCE CO. LTD. NORTH EAST REGIONAL OFFICE
and ANR.
REPRESENTED BY THE REGIONAL MANAGER, G.S. ROAD,
BHANGAGARH, GUWAHATI 781005
2: THE NEW INDIA ASSURANCE CO. LTD.
ULUBARI BRANCH
REPRESENTED BY THE REGIONAL MANAGER
G.S. ROAD
BHANGAGARH
GUWAHAT
VERSUS
SMTI RULI GOGOI and 5 ORS
W/O LATE PARIKHIT GOGOI
2:SRI KAUSHIK GOGOI
S/O LATE PARIKHIT GOGOI
3:SRI DEBASISH GOGOI
S/O LATE PARIKHIT GOGOI
4:SRI BUDHHA GOGOI
S/O LATE AKONI GOGOI (FATHER OF DECEASED) ALL ARE R/O VILL-
NAZIRA
DIST- SIVASAGAR
ASSAM PRESENTLY RESIDING AT NATIONAL GAMES VILLAGE POLICE
RESERVE
P.S. BASISTHA
GUWAHATI
DIST-KAMRUP (M)
ASSAM
Page No.# 2/4
5:SRI KRISHNA SHAH
S/O SRI NATHUNI SHAH
NEAR KALI MANDIR
CHUNCHALI ROAD
P.S. NOONMATI
GUWAHATI
DIST. KAMRUP
ASSAM (OWNER OF THE VEHICLE No. AS-01/AP 4785)
6:SRI HITESWAR BHUYAN
S/O SRI JITEN BHUYAN
VILL- AKASHI NAGAR
BAMUNIMAIDAN
P.S. CHANDMARI
GUWAHATI
DIST. KAMRUP
ASSAM (DRIVER OF THE VEHICLE No. AS-01/AP 4785
Advocate for the Petitioner : MR. A SAHAD, MR. K K BHATTA,MR. J B SAIKIA,MR. D
HALOI,MR. S A HUSSAIN
Advocate for the Respondent : MR. K K DUTTA (R- 1-4), MR. U BARUAH(R- 1-4),MS. R R
SARMA(R- 1-4)
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 05.10.2015 passed by
the learned Addl. District Judge No. 2, Kamrup (M) at Guwahati in MAC Case No.
2198/2010 whereby the Insurance Company was directed to pay compensation
amounting to Rs.35,04,995/- along with 6% interest to the claimants.
It is submitted that the claimant no. 1-Smt. Ruli Gogoi had, wife of the
deceased, had passed away in the meantime and the claimant nos. 2 and 3, who are
present, are the sons of the deceased, who by this time has become major.
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Shri Biswanath Boro, Regional Manager and Ms. Hena Haflongbar, Assistant
Manager of the Insurance Company and the claimants along with the learned counsel,
Shri KK Dutta 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.45,00,000/- which includes interest as full and
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 aforesaid amount of Rs.45,00,000/- 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. The manner of release of the aforesaid
amount of Rs.45,00,000/- would be in the following terms:
i) Rs. 10,00,000/- shall be released to the claimant/respondent no. 4-Shri
Buddha Gogoi, father of the deceased;
i) Rs. 7,50,000/- each is directed to be deposited in Fixed Deposits scheme
in the name of the claimant no. 2-Shri Kaushik Gogoi and claimant no. 3-
Shri Debasish Gogoi in any nationalized bank for a period of 3 years with
renewable clause; and
ii) Rs. 10,00,000/- each shall be released to the claimant 2-Shri Kaushik
Gogoi and claimant no. 3-Shri Debasish Gogoi.
The statutory deposit of Rs.25,000/- made by the Insurance Company at the
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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
