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2025 DAILYLAW 10772 (GAU)

THE NEW INDIA ASSURANCE CO. LTD. v. YIKEN LOMBI AND 4 ORS.

MACApp./165/2020 · 2025-06-13

Sanjay Kumar Medhi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010078862020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./165/2020 THE NEW INDIA ASSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87, M.G. ROAD, FORT, MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH FLOOR, LACHIT NAGAR NEAR HANUMAN MANDIR G.S. ROAD, GUWAHATI 781007 VERSUS YIKEN LOMBI AND 4 ORS. S/O SRI MARYI LOMBI, R/O VILL. LUTAK, P.O. TIRBIN, P.S. TIRBIN, DIST. WEST SIANG, ARUNACHAL PRADESH , PIN 791101 2:MRS. YAMAK YAMBO W/O SRI SAFAR YAMBO R/O VILL. LUTAK P.O. TIRBIN P.S. TIRBIN DIST. WEST SIANG ARUNACHAL PRADESH PIN 791101 3:SAFAR YAMBO S/O- R/O VILL. LUTAK P.O. TIRBIN P.S. TIRBIN DIST. WEST SIANG ARUNACHAL PRADESH PIN 79110 Advocate for the Petitioner : MR. R GOSWAMI, MS. P BORTHAKUR,MR D DEKA Page No.# 2/3 Advocate for the Respondent : DR. UTPALJEET BARUAH, MR D MONDAL (R-1,2),MS. R R SARMAH BARUAH (R-1,2) BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 14.06.2025 This is an appeal filed by the appellant-New India Assurance Co. Ltd. (for short Insurance Company) against the judgment and award dated 23.12.2019 passed by the learned Member, Motor Accident Claims Tribunal No. 1, Kamrup, Guwahati (for short MACT, Kamrup) in MAC Case No.329/2016 whereby the Insurance Company was directed to pay compensation amounting to Rs.47,90,896/- along with 7.5% interest to the claimants-respondents. Shri Biswanath Boro, Regional Manager and Ms. Hena Haflongbar, Assistant Manager of the Insurance Company of the claimants along with the learned counsel, Shri D Mondal are present today i.e., 14.06.2025 in the National Lok Adalat. It is submitted that an amount of Rs. 23,95,448/- has already been paid by the Insurance Company. The parties present jointly submit that the matter has been amicably settled between the parties and an amount Rs.44,27,202/- inclusive interest as full and final settlement has been agreed upon. It is, however made clear that the interest component would be subject to TDS. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the balance amount of Rs.20,31,754/- being the full and final settlement before the Registry of this Court within a period of 45 days from today. The claimants would be at liberty to withdraw the aforesaid amount on being properly identified by the 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 to the Insurance Company within a period of 30 days. Send back the LCRs, if any. JUDGE Comparing Assistant