Gauhati High Court
National Insurance Company Ltd vs Hiramani Das And 4 Ors on 8 March, 2025
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
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GAHC010021862023
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./40/2023
NATIONAL INSURANCE COMPANY LTD.
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON
STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, G.S.
ROAD, GUWAHATI- 781005 REPRESENTED BY THE CHIEF REGIONAL
MANAGER, GUWAHATI REGIONAL OFFICE.
VERSUS
HIRAMANI DAS AND 4 ORS.
W/O LATE BHASKAR DAS,
VILL.- KULHATI,
P.S.- HAJO, DIST.- KAMRUP, ASSAM, PIN- 781102.
2:LIPSI DAS
REP. BY THE RESPONDENT NO. 1
D/O LATE BHASKAR DAS
VILL.- KULHATI
P.S.- HAJO
DIST.- KAMRUP
ASSAM
PIN- 781102.
3:RENU DAS
REP. BY THE RESPONDENT NO. 1
W/O KRISHNARAM DAS
VILL.- KULHATI
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P.S.- HAJO
DIST.- KAMRUP
ASSAM
PIN- 781102.
4:PRANAB DUTTA
S/O LATE SACHINDRA DUTTA
VILL.- BALIKURIA
P.S.- NALBARI
ASSAM
PIN- 781335.
5:JOGESH KALITA
S/O LATE SARBESWAR KALITA
VILL.- PALLA ROAD
P.S.- NALBARI
DIST.- NALBARI
ASSAM
PIN- 781335
Advocate for the Petitioner : MR T KALITA, MR. A KAKATI
Advocate for the Respondent : FOR CAVEATOR, MR D MONDAL
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
08.03.2025
This is an appeal filed by the appellant-National Insurance Company Ltd.
(for short Insurance Company) against the judgment and award dated
21.11.2022 passed by the Learned Member, MACT, Kamrup (M) in MAC Case No.
2927/2015 whereby an award of Rs.68,50,200/- (Rupees Sixty Eight Lakh Fifty
Thousand Two Hundred) was directed to be paid by the Insurance Company to
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the respondent-claimants.
2. Shri P.D. Bhutia - Regional Manager, Shri Debajit Sarkar - Assistant
Manager of the Insurance Company and the claimants along with their learned
counsel, Shri D. Mondol are present today i.e., 08.03.2025 in the National Lok
Adalat.
3. It is submitted that out of the awarded amount of Rs.68,50,200/-, 50%
i.e., Rs. 34,25,000/- (Rupees Thirty Four Lakh Twenty Five Thousand) of the
said awarded amount was already deposited and withdrawn.
4. The parties present before this Court jointly submit that the matter has
been settled between the parties and a lump sum amount of Rs.33,74,900/-
(Rupees Thirty Three Lakh Seventy Four Thousand Nine Hundred) has been
agreed upon.
5. In view of the above, the appeal stands closed with a direction that the
Insurance Company shall deposit the aforesaid amount of Rs.33,74,900/-
(Rupees Thirty Three Lakh Seventy Four Thousand Nine Hundred) being the full
and final settlement before the Registry within a period of 45 days from today.
6. The manner of release of the aforesaid amount would be in the following
terms:
Out of the aforesaid settled amount of Rs.33,74,900/-;
i) Rs.20,00,000/- (Rupees Twenty Lakhs) in the name of the
widow of the deceased (claimant no. 1-Smt. Hiramani Das;
ii) Rs.6,00,000/- (Rupees Six Lakhs) in the name of the
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mother of the deceased (claimant no.3- Smt. Renu Das) and;
iii) Remaining Rs. 7,74,900/- (Rupees Seven Lakh Seventy
Four Thousand Nine Hundred) in the form of FD in the name
of the minor daughter - claimant no. 2 (Ms. Lipsi Das) in any
nationalized bank.
7. The claimants would be at liberty to withdraw the aforesaid amount on
being properly identified by the learned counsel.
8. 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.
JUDGE
Comparing Assistant
