- Court
- High Court of Gauhati
- Decided
- 8 March 2024
- Bench
- Sanjay Kumar Medhi
- Case no.
- MACApp. 141/2016
Judgment
PageoNo.#o1/3 GAHC010017452016 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./141/2016o M/SoNEWoINDIAoASSURANCEoCO.oLTDo HAVINGoITSoREGISTEREDoOFFICEoAToNEWoINDIAoASSURANCEoBUILDINGo 87,oMAHATMAoGANDHIoROAD,oFORT,oMUMBAIo400001oWITHoONEoOFoITSo REGIONALoOFFICEoAToG.S.oROAD,oBHANGAGARH,oGUWAHATI-5,o REPRESENTEDoBYoITSoCHIEFoREGIONALoMANAGER VERSUSo SMTIoSABITRIoNATHoando2oORSo W/OoSRIoJAGAToCH.oNATH,oVILL.oBORDALGURIoBORBAKARA,oP.S.oandoP.O.o SIPAJHAR-784145,oDIST.oDARRANG,oASSAM. 2:BARUNoBARUAH oS/OoA.oBARUAH oVILL.oandoP.O.oBALIPARA oT.E.oLOKRAo784101 oDIST.oSONITPUR oASSAMoDRIVERoOFoTHEoVEHICLEoNO.oAS-12/E-2491oBOLEROoSLo AdvocateoforotheoPetitionerooooo:oMS.SoDASo AdvocateoforotheoRespondento:oMR.RoPoROYoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMR.oJUSTICEoSANJAYoKUMARoMEDHI ORDERo
09.03.2024 Page No.# 2/3 This is an appeal filed by the appellant-New India Assurance Co. Ltd. (for short Insurance Company) against the judgment and award dated 15.05.2015 passed by the learned Member, MACT No.2, Guwahati in MAC Case No.147/2012 whereby an amount of Rs.12,16,500/- along with 6% interest, as compensation, was directed to be paid by the appellant-Insurance Company to the claimants-respondents. It has been informed that Rs.10,00,000/- has been deposited by the Insurance Company. Ms. Hena Haflongbar, Assistant Manager of the New India Assurance Company Ltd. and the claimant No. 1-Sabitri Nath along with her counsel, Shri RP Roy are present today i.e., 09.03.2024 in the National Lok Adalat. The parties present before this Court jointly submit that the matter has been settled outside the Court and a total amount of Rs.14,87,358/- (Rupees fourteen lakh, eighty seven thousand and three hundred fifty eight) (inclusive interest component) as full and final settlement has been agreed upon. The aforesaid interest component 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 balance amount of Rs.4,87,358/- (Rupees four lakh, eighty seven thousand and three hundred fifty eight) (after deduction of TDS) being the full and final settlement before the Registry of this Court within a period of 45 days from today. The claimant would be at liberty to withdraw the aforesaid amount of Rs.14,87,358/- (Rupees fourteen lakh, eighty seven thousand and three hundred fifty eight) (after deduction of TDS) on being properly identified by her learned counsel. The statutory deposit of Rs.25,000/- made by the Insurance Company at Page No.# 3/3 the time of filing of the appeal would be refunded by the Registry of this Court to the Insurance Company within the said period of 30 days. The MAC appeal is accordingly disposed of. Send back the LCR. JUDGE Comparing Assistant
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