M/S New India Assurance Co. Ltd v. Kiran Mura and 2 Ors

ORDER

09.03.2024 This is an appeal filed by the appellant-New India Assurance Co. Ltd. (for short Insurance Company) against the judgment and award dated 21.12.2021 passed by the Motor Accident Claims Tribunal, Tinsukia (for short MACT, Tinsukia) in MAC Case No. 12/2019 whereby an amount of Rs.4,55,000/- along with 9% interest, as compensation, was directed to be paid by the appellant-Insurance Company to the claimant-respondent. Ms. Hena Haflongbar, Assistant Manager of the Insurance Company and the claimant-Shri Kiran Mura along with his counsel, Shri A Baruah 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 between the parties and a lump sum amount Rs.4,10,000/- as full and final settlement has been agreed upon. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the amount of Rs.4,10,000/- being the full and final settlement before the MACT, Tinsukia within a period of 45 days from today.

The claimant would be at liberty to withdraw the aforesaid amount on being properly identified by his learned counsel. 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 Page No.# 3/3 within a period of 30 days. Send back the LCR, if any.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010065452022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./184/2022o M/SoNEWoINDIAoASSURANCEoCO.oLTD.o HAVINGoITSoREGISTEREDoOFFICEoAToNEWoASSURANCEoBUILDING.o87,o MAHATMAoGANDHIoROAD,oMUMBAIoANDoONEoOFoTHEoREGIONALoOFFICE AToGSoROAD,oBHANGAGARH,oGUWAHATIoANDoAoDIVISIONALoOFFICEoATo BHANGAGARH,oGUWAHATIo,oASSAM VERSUSo KIRANoMURAoANDo2oORS.o S/OoLATEoBUDHUWAoMURA,o RESIDENToOFoSUKHANoPUKHURIoLINEoNO.o13,oPOoSUKHANoPUKHURI,oPSo MAKUM,oDISToTINSUKIA,oASSMo786146 2:SRIoJAYANTAoDEKA oS/OoARUNoDEKAo RESIDENToOFoTINGRAIoBENGALIoGAON oPOoANDoPSoMAKUMo oDISToTINSUKIA oASSAMo786170 3:BINOYoMURA oPRESENToRESIDENToOFoPLOToNO.o2725oROADoLo1 oGIDC oLODHIKAoMETODAoGATEoNO.o1 oRAJKOTo360021 oGUJARAo AdvocateoforotheoPetitionerooooo:oMR.oKoKoBHATTAo AdvocateoforotheoRespondento:oMR.oAoBARUAHo(R1)oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI