The New India Assurance Co. Ltd v. Kalyani Bhattacharjee and 2 Ors. E

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 09.03.2022 passed by the learned Member, MACT No. 2, Kamrup (M) in MAC Case No.1754/2018 whereby an amount of Rs.45,39,748/- along with interest @

7.5% per annum, as compensation, was directed to be paid by the appellant-Insurance Company to the claimants-respondents. At the time of admission of this appeal, out of the aforesaid amount, Rs.22,69,874/- has already been paid. Ms. Hena Haflongbar, Assistant Manager of the New India Assurance Company Ltd. and the claimant – Ananya Bhattacharjee (power of attorney holder) along with her counsel, Shri K. Ali 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 an amount of Rs.49,00,000/- (Rupees forty nine lakh) including the interest component 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 balance amount of Rs.26,30,126/- (Rupees twenty six lakh, thirty thousand and one hundred twenty six) before the Page No.# 3/3 Registry of this Court within a period of 45 days from today. Since the aforesaid amount is inclusive the interest component, TDS would be deducted on the said component. The claimant would be at liberty to withdraw the balance amount on being properly identified by her 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 by the Registry of this Court to the Insurance Company within the said period of 30 days. The MAC appeal is accordingly disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010141812022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./556/2022o THEoNEWoINDIAoASSURANCEoCO.oLTD.o HAVINGoITSoREGISTEREDoANDoHEADoOFFICEoAToNEWoINDIAoASSURANCEo BUILDING,o87oMAHATMAoGANDHIoROAD,oFORT,oMUMBAIo400001oANDoONE OFoTHEoREGIONALoOFFICEoAToSTARoCITYoCOMPLEX,o5THoFLOOR,oM.S.So PATH,oLACHIToNAGAR,oGUWAHATIo781007oANDoVARIOUSoDIVISIONALo BRANCHoANDoMICROoOFFICES,oTHROUHOUToTHEoCOUNTRY VERSUSo KALYANIoBHATTACHARJEEoANDo2oORS.oEo W/OoLATEoARABINDAoBHATTACHARJEEo@oARABINDAoABANTIo BHATTACHARJEEE,oRESIDENToOFoSHAKTIGARHoPATH,oSHAKTIo APARTMENT,oFLAToNO.oDo1oBHANGAGARH,oGUWAHATIo781005 2:MAHANANDAoSAIKIA oS/OoBIPINoSAIKIAo TEMPORARYoRESIDENToOFoC/OoSHANKARoMANIoBHARALI oRESIDENToOFoRAJADUAR oPOoANDoPSoNORTHoGUWAHATIo o781031o PERMANENToRESIDENToOFoVILLAGEoSALAGURI oPOoSALAGURI oPSoJAMUGURIHAT oDISToSONITPUR oASSAM.o784180 3:KHAIRULoISLAM oS/OoHAFIZoUDDIN o RESIDENToOFoVILLAGEoDOLABARI oPOoANDoPSoTEZPUR oDISToSONITPUR Page No.# 2/3 ASSAM 78402 Advocate for the Petitioner : MR. A J SAIKIA Advocate for the Respondent : MR A AGARWALA BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI