New India Assurance Company Ltd v. Smti Mridula Choudhury and 5 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 12.05.2016 passed by the learned Member, MACT, Barpeta in MAC Case No.219/2014 whereby an amount of Rs.51,06,652/-, as compensation, was directed to be paid by the appellant-Insurance Company to the claimants-respondents. It is informed that out of the aforesaid amount, Rs.40,00,000/- has already been paid. Ms. Hena Haflongbar, Assistant Manager of the New India Assurance Company Ltd. and the claimant No. 1-Smti. Mridula Choudhury along with her counsel, Shri Kumud Pathak 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 whereby the appellant would pay an additional amount of Rs.10,00,000/- (Rupees ten lakh) including the interest as full and final settlement has been agreed upon. The interest component would however be subject to necessary TDS. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the additional agreed amount which is being the full and final settlement before the Registry of this Court within a period of 45 days from today. The claimant No. 1 would be at liberty to withdraw the aforesaid agreed amount on being properly identified by her learned counsel. Page No.# 3/3 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. Send back the LCR. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010240702017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./453/2017o NEWoINDIAoASSURANCEoCOMPANYoLTDo HAVINGoITSoREGISTEREDoOFFICEoANDoHEADoOFFICEoATo87oM.G.oROAD,o FORT,oMUMBAIoANDoITSoREGIONALoOFFICEoAToG.S.oROAD,o BHANGAGARH,oGUWAHATI. VERSUSo SMTIoMRIDULAoCHOUDHURYoando5oORSo W/OoLATEoTIRTHAoNATHoCHOUDHURY 2:MISSoDIMPIoCHOUDHURY oD/OoLATEoTIRTHAoNATHoCHOUDHURY 3:MISSoJUIPITARAoCHOUDHURY oD/OoLATEoTIRTHAoNATHoCHOUDHURY 4:NILIMoCHOUDHURY oS/OoLATEoTIRTHAoNATHoCHOUDHURY oALLoAREoR/OoVILL.oBARBANG oMOUZAoUTTARoBAJALI oP.S.oPATACHARKUCHI oDIST.oBARPETA oASSAM oRESPONDENToNOS.o2oTOo4oBEINGoMINORSoAREoREPRESENTEDoBYoTHEIRo NATURALoGUARDIAN oMOTHERoI.E.oRESPONDENToNO.o AdvocateoforotheoPetitionerooooo:oMS.MoSAIKIAo AdvocateoforotheoRespondento:oMS.MoDASGUPTAoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI