Page No.# 1/4 GAHC010136502016 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./969/2018 THE NEW INDIA ASSURANCE CO. LTD. NORTH EAST REGIONAL OFFICE and ANR. REPRESENTED BY THE REGIONAL MANAGER, G.S. ROAD, BHANGAGARH, GUWAHATI 781005 2: THE NEW INDIA ASSURANCE CO. LTD. ULUBARI BRANCH REPRESENTED BY THE REGIONAL MANAGER G.S. ROAD BHANGAGARH GUWAHAT VERSUS SMTI RULI GOGOI and 5 ORS W/O LATE PARIKHIT GOGOI 2:SRI KAUSHIK GOGOI S/O LATE PARIKHIT GOGOI 3:SRI DEBASISH GOGOI S/O LATE PARIKHIT GOGOI 4:SRI BUDHHA GOGOI S/O LATE AKONI GOGOI (FATHER OF DECEASED) ALL ARE R/O VILL- NAZIRA DIST- SIVASAGAR ASSAM PRESENTLY RESIDING AT NATIONAL GAMES VILLAGE POLICE RESERVE P.S. BASISTHA GUWAHATI DIST-KAMRUP (M) ASSAM Page No.# 2/4 5:SRI KRISHNA SHAH S/O SRI NATHUNI SHAH NEAR KALI MANDIR CHUNCHALI ROAD P.S. NOONMATI GUWAHATI DIST. KAMRUP ASSAM (OWNER OF THE VEHICLE No. AS-01/AP 4785) 6:SRI HITESWAR BHUYAN S/O SRI JITEN BHUYAN VILL- AKASHI NAGAR BAMUNIMAIDAN P.S. CHANDMARI GUWAHATI DIST. KAMRUP ASSAM (DRIVER OF THE VEHICLE No. AS-01/AP 4785 Advocate for the Petitioner : MR. A SAHAD, MR. K K BHATTA,MR. J B SAIKIA,MR. D HALOI,MR. S A HUSSAIN Advocate for the Respondent : MR. K K DUTTA (R- 1-4), MR. U BARUAH(R- 1-4),MS. R R SARMA(R- 1-4) 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 05.10.2015 passed by the learned Addl. District Judge No. 2, Kamrup (M) at Guwahati in MAC Case No. 2198/2010 whereby the Insurance Company was directed to pay compensation amounting to Rs.35,04,995/- along with 6% interest to the claimants. It is submitted that the claimant no. 1-Smt. Ruli Gogoi had, wife of the deceased, had passed away in the meantime and the claimant nos. 2 and 3, who are present, are the sons of the deceased, who by this time has become major. Page No.# 3/4 Shri Biswanath Boro, Regional Manager and Ms. Hena Haflongbar, Assistant Manager of the Insurance Company and the claimants along with the learned counsel, Shri KK Dutta are present today i.e., 14.06.2025 in the National Lok Adalat. The parties present jointly submit that the matter has been amicably settled between the parties and an amount Rs.45,00,000/- which includes interest as full and final settlement has been agreed upon. The interest amount would, however, be subjected to necessary TDS. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the aforesaid amount of Rs.45,00,000/- 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. The manner of release of the aforesaid amount of Rs.45,00,000/- would be in the following terms: i) Rs. 10,00,000/- shall be released to the claimant/respondent no. 4-Shri Buddha Gogoi, father of the deceased; i) Rs. 7,50,000/- each is directed to be deposited in Fixed Deposits scheme in the name of the claimant no. 2-Shri Kaushik Gogoi and claimant no. 3- Shri Debasish Gogoi in any nationalized bank for a period of 3 years with renewable clause; and ii) Rs. 10,00,000/- each shall be released to the claimant 2-Shri Kaushik Gogoi and claimant no. 3-Shri Debasish Gogoi. The statutory deposit of Rs.25,000/- made by the Insurance Company at the Page No.# 4/4 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