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2025 DAILYLAW 13520 (GAU)

THE NATIONAL INSURANCE COMPANY LIMITED v. SMTI KALPANA KONWAR AND 2 ORS (D)

MACApp./340/2022 · 2025-02-16

Susmita Phukan Khaund

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010118282020 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./340/2022 THE NATIONAL INSURANCE COMPANY LIMITED REGD HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA 700071, REP. BY THE MANAGER, GAUHATI REGIONAL OFFICE, BHANGAGARH, GHY- 781005 VERSUS SMTI KALPANA KONWAR AND 2 ORS (D) W/O- LATE JOGESWAR KONWAR, R/O- SIMALUGURI GAON, P.O- NAVAJYOTI, P.S- BORDUMSA, DIST- TINSUKIA, ASSAM, PIN- 786152 2:GITANJALI KONWAR D/O- LATE JOGESWAR KONWAR R/O- SIMALUGURI GAON P.O- NAVAJYOTI P.S- BORDUMSA DIST- TINSUKIA ASSAM PIN- 786152 3:JAYANTA SONOWAL S/O- LATE KESHAB SONOWAL R/-O LAINA UDALGURI GAON P.O AND P.S- DOOMDOOMA DIST- TINSUKIA ASSAM PIN- 78615 Advocate for the Petitioner : MS. R D MOZUMDAR, MR. S P SHARMA,MS. C MOZUMDAR Advocate for the Respondent : , Page No.# 2/4 Linked Case : MACApp./71/2020 SMTI. KALPANA KONWAR W/O LATE JOGESWAR KONWAR RESIDENT OF SIMALUGURI GAON P.O. NAVAJYOTI P.S. BORDUMSA DIST. TINSUKIA ASSAM VERSUS SRI JAYANTA SONOWAL AND ANR S/O LATE KESHAB SONOWAL RESIDENT OF UDALGURI GAON P.O. AND P.S. DOOMDOOMA DIST. TINSUKIA ASSAM. DRIVER AND OWNER OF THE VEHICLE. 2:THE MANAGER NATIONAL INSURANCE CO. LTD. DIVISIONAL OFFICE NEAR ASTC BUS STAND A.T. ROAD TINSUKIA P.O. P.S. AND DIST. TINSUKIA ASSAM. INSURER OF THE VEHICLE. ------------ Advocate for : MR. A K GUPTA Advocate for : MS G K DAS appearing for SRI JAYANTA SONOWAL AND ANR BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 17.02.2025 Heard Ms. R. D. Mozumdar, learned counsel for the Insurer/Insurance Page No.# 3/4 Company. Also heard Mr. A.K. Gupta, learned counsel for the claimants/Smt Kalpana Konwar and Smt Gitanjali Dutta. 2. The MACApp. No. 71/2020 was preferred by the claimant Smti Kalpana Konwar, whereas, the MACApp. No. 340/2022 was preferred by the National Insurance Company Limited i.e. the Insurer. 3. Both the parties have amicably settled their dispute and the Insurer/ National Insurance Company Limited has agreed to pay an amount of Rs. 19,85,827/-(Rupees Nineteen Lakh Eighty Five Thousand Eight Hundred Twenty Seven) only to the claimant Smti Kalpana Konwar. The claimant has agreed to accept the said amount to be deposited by the Insurer. 4. Both the MAC Appeals arise out of the judgment and order dated 11.09.2019 passed by the learned Member, Motor Accident Claims Tribunal, Tinsukia, in MAC Case No. 28/2017 and award was passed by the Tribunal directing the Insurer to pay an amount of Rs. 18,52,992/-(Rupees eighteen Lakh Fifty Two Thousand Nine Hundred Ninety Two) only with interest at the rate of 6% per annum to the claimant No.1 Smt Kalpana Konwar. 5. It is submitted on behalf of the Insurer that statutory amount of Rs. 25,000/- was deposited before the Registry of this Court. The Insurer is allowed to withdraw the statutory amount of Rs. 25,000/- from the Registry of this Court. 6. After considering the submissions on behalf of both the parties and also after considering the submissions that both the parties have amicably settled their dispute, the insurer is hereby directed to pay an amount of Rs.19,85,827/- (Rupees Nineteen Lakh Eighty Five Thousand Eight Hundred Twenty Seven) only Page No.# 4/4 to the claimant No.1, Smt Kalpana Konwar. The insurer is directed to deposit an amount of Rs. 19,85,827/- before the learned Member, Motor Accident Claims Tribunal, Tinsukia, within 4(four) weeks from the date of this order, which may be received by the claimant Smt Kalpana Konwar. 7. With the above observation and direction, these MAC Appeals stands disposed of. JUDGE Comparing Assistant