New India Assurance Co Ltd v. Niruprova Lahon and 4 Ors

ORDER Date : 11.02.2023

Smti Niruprova Lahon and Smti Nitumoni Lahon, the claimants appear in person accompanied by Mr. Gopinath Handique the learned counsel. Ms. S.K. Hansing, the Regional Manager of the New India Assurance Co. Ltd. along with Mr. K.K. Bhatta, the learned counsel appears on behalf of the New India Assurance Co. Ltd. The learned Motor Accident Claims Tribunal, Dhemaji in MAC Case No. 32/2019 had awarded an amount of Rs. 38,57,000/- along with along with interest @ 8% w.e.f. 24/5/2022. It further appears from the award, that the learned Tribunal had directed Page No.# 3/3 that Rs. 20 lakhs shall be put in fixed deposit in MIS in a Nationalised Bank in equal proportion in the name of minor sons of the deceased. Further Rs. 5 lakhs was directed to be given to the mother of the deceased and the remaining amount was directed to be paid to the wife of the deceased. It has been brought to the attention of this Court that the parties herein have amicably settled the dispute at an amount of Rs. 35,70,076/-, i.e. the principal amount being Rs.34,79,000/- and the interest being Rs. 91,076/-. Taking into account that the matter has been amicably settled, the New India Assurance Company is therefore directed to deposit Rs. 35,70,076/- after deducting the applicable TDS before the Motor Accident Claims Tribunal, Dhemaji within 30 days from the date of the instant order. Upon deposit of the said amount, the appellant/insurance Company shall produce the necessary receipts or order from the Tribunal and on the basis thereof the Registry of the Court shall refund the statutory deposit. Taking into account that the amount which have been amicably settled is less than the amount which have been awarded, this Court directs the Tribunal that Rs. 18 lakhs shall be kept in a fixed deposit in MIS in a Nationalised Bank in equal proportion in the name of Sri Roktodip Lahon and Sri Jyotimoi Lahon. Further an amount of Rs. 5 lakhs be released to the mother of the deceased Smti Niruprova Lahon upon an application being filed by Smt. Niruprova Lahon and upon proper verification. The remaining amount of the compensation so deposited shall be released to Smti Nitumoni Lahon upon an application being filed by Smti Nitumoni Lahon and upon proper verification. With the above, the instant appeal stands disposed off.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010244322022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./817/2022o NEWoINDIAoASSURANCEoCOoLTD.o HAVINGoITSoREGISTEREDoOFFICEoAToNEWoASSURANCEoBUILDING,o87,o MAHATMAoGANDHIoROAD,oMUMBAIoANDoONEoOFoTHEoREGIONALoOFFICE AToSTARoCITYoCOMPLEX,o5THoFLOOR,oLACHIToNAGAR,oGUWAHATIo 781005,oNEARoHANUMANoMANDIR VERSUSo NIRUPROVAoLAHONoANDo4oORS.o W/OoLATEoDURBADALoLAHON,oRESIDENToOFoVILLAGEoKEKURIoAHOM,o POoCHAMARAJANo,oPSoANDoDISToDHEMAJI,oASSAM,o787057 2:SMTIoNITUMONIoLAHON oW/OoLATEoGHANASHYAMoLAHON o oRESIDENToOFoVILLAGEoKEKURIoAHOM oPOoCHAMARAJANo oPSoANDoDISToDHEMAJI oASSAM o787057 3:SRIoROKTODIPoLAHON oS/OoLATEoGHANASHYAMoLAHON o oRESIDENToOFoVILLAGEoKEKURIoAHOM oPOoCHAMARAJANo oPSoANDoDISToDHEMAJI oASSAM o787057 4:JYOTIMOIoLAHON oS/OoLATEoGHANASHYAMoLAHON Page No.# 2/3 RESIDENT OF VILLAGE KEKURI AHOM PO CHAMARAJAN PS AND DIST DHEMAJI ASSAM 787057 5:SRI HEMANTA DAS S/O AJIT DAS RESIDENT OF VILLAGE KUMARKATA PO NARAGAON PS NORTH LAKHIMPUR ASSAM 787031 6:SRI PRABHAT PADI S/O PHATIK PADI RESIDENT OF NO. 2 KAWAIMARI GAON PO BADHAKARA PS NORTH LAKHIMPUR ASSAM 78703 Advocate for the Petitioner : MR. K K BHATTA Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH