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2025 DAILYLAW 14791 (GAU)

JOTASNA DAS AND ORS v. NATIONAL INSURANCE CO LTD AND ORS

I.A.(Civil)/2044/2025 · 2025-08-06

Robin Phukan

body2025

Judgment text

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Page No.# 1/3 GAHC010135982025 2025:GAU-AS:10317 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2044/2025 JOTASNA DAS AND ORS W/O RAMESH DAS, VILL.- BARANTI MANIARI (DHARAMPARA), P.S.- CHAYGAON- 781124, DIST.- KAMRUP (ASSAM). 2: RAMESH DAS D/O LATE DANDIRAM DAS VILL.- BARANTI MANIARI (DHARAMPARA) P.S.- CHAYGAON- 781124 DIST.- KAMRUP (ASSAM) VERSUS NATIONAL INSURANCE CO LTD AND ORS REP. BY ITS REGIONAL MANAGER, G.S. ROAD, BHANGAGARH, P.O.- GUWAHATI- 78105, DIST.- KAMRUP (M) (ASSAM). 2:MD. MANIR ALI S/O MD. UMAR ALI VILL.- HALIGAON P.O.- PALASHBARI- 781128 DIST.- KAMRUP (ASSAM). 3:MD. RASMIL ALI S/O LATE HAIDAR ALI VILL.- HALIGAON P.O.- PALASHBARI- 781128 DIST.- KAMRUP (ASSAM) Advocate for the Petitioner : MR. A R AGARWALA, Advocate for the Respondent : MRS. D DAS BARMAN, Page No.# 2/3 Linked Case : MACApp./278/2024 JOTASNA DAS AND ANR W/O RAMESH DAS VILL.- BARANTI MANIARI (DHARAMPARA) P.S.- CHAYGAON- 781124 DIST.- KAMRUP (ASSAM). 2: RAMESH DAS D/O LATE DANDIRAM DAS VILL.- BARANTI MANIARI (DHARAMPARA) P.S.- CHAYGAON- 781124 DIST.- KAMRUP (ASSAM). VERSUS NATIONAL INSURANCE COMPANY LTD. REP. BY ITS REGIONAL MANAGER G.S. ROAD BHANGAGARH P.O.- GUWAHATI- 78105 DIST.- KAMRUP (M) (ASSAM). ------------ Advocate for : MR. A R AGARWALA Advocate for : appearing for NATIONAL INSURANCE COMPANY LTD. BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 07.08.2025 Heard Mr. A. R. Agarwala, learned counsel for the applicant and Mrs. D. Das Barman, learned counsel for the Opposite party. 2) This joint application is preferred by the appellant/claimant and the respondent No. 1, the National Insurance Co. Ltd., in MAC Appeal No. 278/2024, to allow the petitioners to amicably compromise the settlement of the MAC Appeal No. 278/2024 for an additional amount, being Rs. 2,00,000/- and also to allow the amount to be deposited in the bank Page No.# 3/3 account of the claimant No.1/appellant No. 1, through electronic transfer. 3) It is submitted at the bar that the MAC Appeal No. 278/2024 has been preferred for enhancement of the amount of Rs. 10,03,000/-, which was awarded by the learned Member, Motor Accident Claims Tribunal No. 1, Kamrup, Guwahati, in MAC Case No. 1395/2020, and that the original award, i.e., Rs. 10,03,000/-, along with the interest has already been paid, and both the parties have amicably settled the present appeal for enhancement at Rs. 2,00,000/-, and the said amount will be deposited by the National Insurance Co. Ltd. within a period of 4 (four) weeks from today in the account of the Claimant No. 1 and therefore, it is contended to allow this application and to dispose of the MAC Appeal No. 278/2024. 4) Having heard the submissions made by the learned counsels for both the parties, I have carefully gone through the petition and the documents placed on record and it appears that the parties have settled the additional placed on record and the impugned judgment and award. 5) Since the matter has been settled by the parties, nothing survives and accordingly, this application stands allowed. 6) The Insurance company shall deposit the additional amount of Rs. 2,00,000/- in the account of the appellant/claimant No. 1 via electronic mode, within a period of 4 (four) weeks from today. 7) Mr. Agarwala, learned counsel for the claimant/appellant shall furnish the bank particulars of the appellant/claimant No. 1 to Mrs. D. Das Barman within 1 (one) week. 8) In terms of the above, this interlocutory application and MAC Appeal No. 278/2024 stands disposed of. JUDGE Comparing Assistant