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2025 DAILYLAW 10908 (GAU)

M/S UNITED INDIA INSURANCE COMPANY LTD v. KAMANG TARUK AND 9 ORS

MACApp./591/2024 · 2025-03-07

Sanjay Kumar Medhi

body2025

Judgment text

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Page No.# 1/3 GAHC010079822024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./591/2024 M/S UNITED INDIA INSURANCE COMPANY LTD REGIONAL OFFICE, G.S. ROAD, GUWAHATI-5, REP. BY THE CHIEF REGIONAL MANAGER. VERSUS KAMANG TARUK AND 9 ORS W/O. LATE TAKEP @ TAKAP TARUK 2:YALEK TARUK D/O. LATE TAKEP @ TAKAP TARUK 3:GENERAL TARUK S/O. LATE TAKEP @ TAKAP TARUK 4:YANUNG TARUK D/O. LATE TAKEP @ TAKAP TARUK 5:YAKEN TARUK D/O. LATE TAKEP @ TAKAP TARUK 6:OYLMANG TARUK D/O. LATE TAKEP @ TAKAP TARUK ALL ARE R/O. VILL- SILLE P/O AND P/S. SILLE OYAN PIN-791102 DIST. EAST SIANG ARUNACHAL PRADESH. 7:ATUL CH HAZARIKA S/O. SRI. SONARAM HAZARIKA C/O. KALPANA DEY Page No.# 2/3 VILL.- BORPATHAR P/O AND P/S. BASISTHA PIN-781028 DIST. KAMRUP (M) ASSAM. 8:KONTESWAR SONAWAL S/O SRI. DEBANAN SONAWAL VILL.- ABHAYPUR P/S. JONAI P/O. RATNAPUR PIN-787060 DIST. DHEMAJI ASSAM. 9:JAYANTA BORA S/O. G. NATH BAISHYA R/O. EAST GOTANAGAR P/S JALUKBARI P/O. MALIGAON GUWAHATI-11 DIST. KAMRUP (M) ASSAM. 10:NELLSON TARUK S/O. OTEM TARUK R/O. SILLE P/O AND P/S. SILLE OYAN PIN-781102 DIST. EAST SIANG ARUNACHAL PRADESH Advocate for the Petitioner : MR. M DUTTA, D D SARMA,MS S DEV Advocate for the Respondent : MR. A R AGARWALA (R-1), MR ADITYA AGARWALA (R-1) BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 08.03.2025 This is an appeal filed by the appellant- United India Insurance Company Ltd. (for short Insurance Company) against the judgment and award dated Page No.# 3/3 20.01.2024 passed by the Learned Member, Motor Accident Claims Tribunal No.2, Kamrup (M) in MAC Case No.2003/2019. 2. Shri Swapan Maji, Regional Manager of the Insurance Company and the claimant No.1 – Smti. Kamang Taruk (widow of the deceased) along with her learned counsel, Shri Aditya Agarwala are present today i.e., 08.03.2025 in the National Lok Adalat. 3. The parties present before this Court jointly submit that the matter has been settled between the parties and a lump sum amount of Rs.75,00,000/-, has been agreed upon. Out of the aforesaid amount, an amount of Rs.36,21,524/- has already been deposited. 4. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the balance amount of Rs.38,78,476/-, which is being the full and final settlement before the Registry of this Court within a period of 45 days from today. 5. The claimant No. 1, widow of the deceased (parties have consented), would be at liberty to withdraw the aforesaid amount on being properly identified by her learned counsel. 6. 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. 7. Send back the LCR, if any. JUDGE Comparing Assistant