The New India Assurance Co. Ltd vs Jorilla Marak And Ors
2025 Latest Caselaw 3893 Gua

Gauhati High Court

The New India Assurance Co. Ltd vs Jorilla Marak And Ors on 8 March, 2025

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                 Page No.# 1/3

GAHC010040302025




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

                         Case No. : MACApp./65/2025

         THE NEW INDIA ASSURANCE CO. LTD.
         HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE
         BUILDING, 87 MAHATMA GANDHI ROAD, FORT, MUMBAI-400001 AND
         ONE OF THE REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH FLOOR,
         M.S.S. PATH, LACHIT NAGAR, GUWAHATI-781007.



         VERSUS

         JORILLA MARAK AND ORS
         WIFE OF LATE MORNING STAR N SANGMA, RESIDENT OF CHIADING, P.O.
         AND P.S.- WILLIAMNAGAR DISTRICT- EAST GARO HILLS, MEGHALAYA,
         PIN-794111

         2:J K LOGISTIC
          REPRESENTED BY PROPRIETOR SMTI. SITA DEVI POSWAL
          GARG ENCLAVE
          3A
          HOUSE NO.23
          MUKHYA PATH
         TARUN NAGAR
          GUWAHATI
          KAMRUP
         ASSAM BELTOLA BASISTHA CHARIALI
          DISTRICT- KAMRUP (M) ASSAM PRN-78100S

         3:FULLU DEV
          SON OF SRI CHENULAL DEV
          RESIDENT OF VILLAGE- BARAPATHI
          P.S. PATHATKANDI
          DISTRICT- CACHAR
         ASSAM
          PIN-78872
                                                                        Page No.# 2/3


Advocate for the Petitioner   : MR. S. PEGU, M CHETIA,MR. A J SAIKIA

Advocate for the Respondent : ,




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

08.03.2025 This is an appeal filed by the appellant- New India Assurance Company Ltd. (for short Insurance Company) against the judgment and award dated 22.11.2024 passed by the Learned Member, Motor Accident Claims Tribunal No.3, Kamrup (M) in MAC Case No. 1324/2017.

2. Ms. Hena Haflongbar, Assistant Manager of the Insurance Company and the claimant - Smti. Jorilla Marak along with her learned counsel, Shri R. Goswami are present today i.e., 08.03.2025 in the National Lok Adalat.

3. The parties present before this Court jointly submit that the matter has been settled between the parties and a lump sum amount of Rs.17,66,862/-, which is inclusive of all interest component, has been agreed upon. The Insurance Company would be at liberty to deduct the TDS from the interest component.

4. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the said amount, after deducting the TDS from the interest component, which is being the full and final settlement before the Motor Accident Claims Tribunal No. 3, Kamrup (M) within a period of 45 days from today.

5. The claimant would be at liberty to withdraw the aforesaid amount on Page No.# 3/3

being properly identified by her learned counsel.

6. 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.

7. Send back the LCR, if any.

JUDGE

Comparing Assistant