National Insurance Co. Ltd vs Smt Gitanjali Saikia And 3 Ors
2025 Latest Caselaw 3913 Gua

Gauhati High Court

National Insurance Co. Ltd vs Smt Gitanjali Saikia And 3 Ors on 8 March, 2025

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                           Page No.# 1/3

GAHC010002552015




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

                                Case No. : MACApp./342/2018

            NATIONAL INSURANCE CO. LTD
            HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET, KOLKATA AND
            ONE OF THE REGIONAL OFFICES KNOWN AS GUWAHATI REGIONAL
            OFFICE, G.S. ROAD, BHANGAGARH, GUWAHATI-5



            VERSUS

            SMT GITANJALI SAIKIA and 3 ORS
            W/O LATE RANJAN SAIKIA

            2:SRI GUINESS SAIKIA
             S/O LATE RANJAN SAIKIA

            3:SMT SABITRI SAIKIA
            WIFE OF LATE BAPURAM SAIKIA
            ALL 1 TO 3 ARE RESIDENT VILLAGE MORIKOLONG
            SIALEKHUWA P.S. NAGAON
            DIST. NAGaon (ASSAM)

            4:SRI RAJIB BORAH
             S/O SRI TANU RAM BORAH
             R/O VILL. BORBHAGIA
             P.S. KALIABOR
             DIST. NAGAON
            ASSAM

Advocate for the Petitioner   : MR. R K BHATRA, MR. A SAIKIA,MS P HUJURI,MS. A BORA

Advocate for the Respondent : MR D MONDAL (R1, R3), MS. R R SARMAH BARUAH (R1,
R3),DR. UTPALJEET BARUAH (R1, R3),MR. P SARMA (R1, R3),MR. M TALUKDAR (R4)
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                                 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 12.06.2015 passed by the Learned Member, Motor Accident Claims Tribunal No.2, Kamrup (M) in MAC Case No.2231/2012. Out of the awarded amount Rs.16,93,340/- has already been paid and withdrawn.

2. Shri P.D. Bhutia, Regional Manager of the Insurance Company and the claimant No.1 - Smt. Gitanjali Saikia (widow of the deceased) along with her learned counsel, Shri D. Mondal 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.28,85,450/-, has been agreed upon.

4. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the said amount of Rs.28,85,450/-, which is being the full and final settlement before the Registry of this Court within a period of 45 days from today.

5. The manner of release of the aforesaid amount would be in the following terms:

i) Out of the aforesaid awarded amount of Rs.28,85,450/-, Rs.15,00,000/-, is directed to be released to the claimant no. 1 -

Smt. Gitanjali Saikia (widow of the deceased), Rs.8,00,000/- is directed to be released to the claimant no. 3 - Smt. Sabitri Saikia Page No.# 3/3

(mother of the deceased) and the remaining amount of Rs.5,85,450/- is directed to be deposited in a Fixed Deposit scheme in the name of claimant No. 2 - Shri Guiness Saikia (new name, Shiva Ranja Saikia, as per Aadhar Card) (son of the deceased), to be represented by his mother, in any nationalized bank for a period of 3 years with a renewable clauses. The said FD to be in the name of Shri Shiva Ranjan Saikia which has been verified as per the Aadhar Card.

6. The mode of release, as per the impugned judgment stands modified. The claimant No. 1 would be at liberty to withdraw the aforesaid amount on being properly identified by her learned counsel.

7. 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.

8. Send back the LCR, if any.

JUDGE

Comparing Assistant