RAJU CHANGMAI AND 3 ORS v. MD ALI HUSSAIN AND 2 ORS
MACApp./209/2021 · 2026-07-27
Mridul Kumar Kalita
body2021
DailyLaw.ai
[ 2021 DAILYLAW 944 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2021 DAILYLAW 944 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010107472021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./209/2021 RAJU CHANGMAI AND 3 ORS S/O LATE THANESWAR CHANGMAI @ ATUL CHANGMAI, VILL-TOKOLAI BEBEJIA, VILL-TAMULI BAZAR, P.O.-BETBARI ALIMUR-785660, P.S. AND DIST-SIVSAGAR (ASSAM) 2: SMTI. RUMI CHANGMAI DUTTA D/O LATE THANESWAR CHAGMAI @ ATUL CHANGMAI P.O.-DHULIAPAR-785640 DIST-SIVSAGAR (ASSAM) 3: SMT. BOBBY CHANGMAI BORAH D/O LATE THANESWAR CHANGMAI @ ATUL CHANGMAI P.O.-BETBARI ALIMUR-785660 DIST-SIVSAGAR 4: SMT. MUNMI CHANGMAI GOGOI D/O LATE THANESWAR CHANGMAI @ ATUL CHANGMAI P.O.-RAJMAI P.S.-DEMOW-785672 DIST-SIVSAGAR (ASSAM VERSUS MD ALI HUSSAIN AND 2 ORS S/O MAHAMMAD ALAM, C/O SUDHIR KUMAR THAKUR, GOOD LUCK CARRYING CORPORATION, N.H. PARKING, LALMATI BELTOLA, GUWAHATI-781028, DIST-KAMRUP(M) ASSAM 2:RANJIT MAHATO S/O HARIHAR MAHTO R/O BISHNUPUR HORLI P.O.-KAMALPUR BITHRAUL P.S.-BARURAJ (MOTIPUR)-843111 DIST-MUZAFFARPUR (BIHAR)
Page No.# 2/4 C/O MD. ALI HUSSAIN LALMATI BELTOLA GUWAHATI (INDIA) 3:NEW INDIA ASSURANCE CO. LTD. REPRESENTED BY ITS REGIONAL MANAGER G.S. ROAD ULUBARI GUWAHATI-781007 (ASSAM Advocate for the Petitioner : MR. A R AGARWALA, MR A AGARWALA Advocate for the Respondent : , Linked Case : MACApp./196/2021 RAJU CHANGMAI AND 3 ORS. S/O- LATE THANESWAR CHANGMAI @ ATUL CHANGMAI R/O- VILL.- TOKOLAI BEBEJIA/TAMULI BAZAR P.O. BETBARI ALIMUR- 785660 P.S. AND DIST.- SIVASAGAR ASSAM. 2: SMT. RUMI CHANGMAI DUTTA D/O- LATE THANESWAR CHANGMAI @ ATUL CHANGMAI P.O. DHULIAPAR- 785640 P.S. AND DIST.- SIVASAGAR. 3: SMT. BOBBY CHANGMAI BORAH D/O- LATE THANESWAR CHANGMAI @ ATUL CHANGMAI P.O. BETBARI ALIMUR- 785660 P.S. AND DIST.- SIVASAGAR ASSAM 4: SMT. MUNMI CHANGMAI GOGOI D/O- LATE THANESWAR CHANGMAI @ ATUL CHANGMAI P.O. RAJMAI P.S. DEMOW- 785672 DIST.- SIVASAGAR ASSAM. (SL. NOS. 2 3 AND 4 ARE MARRIED DAUGHTERS OF THE DECEASED AND SHOWN AS PROFORMA OPP. PARTIES IN THE ORIGINAL CLAIM PETITION AND ARE
Page No.# 3/4 LEGAL HEIRS AND DEPENDENTS OF THE DECEASED). VERSUS NEW INDIA ASSURANCE CO. LTD. REP. BY ITS REGIONAL MANAGER G.S. ROAD ULUBARI GUWAHATI- 781007 ASSAM ------------ Advocate for : MR. A R AGARWALA Advocate for : MR. K K BHATTA appearing for NEW INDIA ASSURANCE CO. LTD. BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 28.07.2026
1. Heard Mr. A. R. Agarwala, learned counsel for the appellants. Also heard Mr. K. K. Bhatta, learned counsel for the respondent/Insurance Company. 2. In pursuant to the direction given in order dated 22.07.2026, Ms. Hena Haflongbar, the Deputy Manager of New India Assurance Company Limited is personally present before this Court today.
3. It appears that this matter was listed earlier before the Lok Adalat on 09.05.2026 and the Insurance Company agreed to pay an additional amount of Rs.3,80,000/- in MAC Appeal No. 209/2021 and Rs.2,30,000/- in MAC Appeal No. 196/2021. However, on last occasion, the engaged counsel for Insurance Company Mr. K. K. Bhatta stated before this Court that he does not have any instruction regarding the settlement arrived at between the parties. As such, the Deputy Manager of New India Assurance Company Limited was requested to
Page No.# 4/4 personally present before this Court. 4. Today, the Deputy Manager, New India Assurance Company Limited has confirmed the fact of mutual settlement of the above mentioned appeals on payment of additional amount by the Insurance Company as stated herein above. 5. In view of the submissions made by the learned counsel for both the sides as well as agreement thereto by the Deputy Manager of New India Assurance Company Limited, both these appeal i.e., MAC Appeal No. 209/2021 and MAC Appeal No. 196/2021 are disposed of with a direction that the Insurance Company shall deposit the agreed additional amount of Rs.2,30,000/- in MAC Appeal No. 196/2021 and an amount of Rs.3,80,000/- in MAC Appeal No. 209/2021 directly to the account of claimant, namely, Raju Changmai within a period of four weeks for the date of this order. 6. The learned counsel for the appellant has provided the account number of bank account of Raju Changmai in the Canara Bank, Sivasagar Branch i.e., Account No. 1155101028485. 7. With the above observations, both the appeals are disposed of. JUDGE Comparing Assistant