Page No.# 1/3 GAHC010145352025 2025:GAU-AS:10319 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2144/2025 KHAGEN BARUAH S/O LATE INDRESWAR BARUAH RESIDENT OF DHAKUA, PS BIHUPURIA, DIST NORTH LAKHIMPUR, ASSAM 781381 VERSUS NEW INDIA ASSURANCE CO LTD REPRESENTED BY ITS REGIONAL MANAGER, G S ROAD, ULUBARI, PO GUWAHATI 781007, DIST KAMRUP M ASSAM Advocate for the Petitioner : MR. A R AGARWALA, Advocate for the Respondent : MR. A ACHARYA, Linked Case : MACApp./40/2022 KHAGEN BARUAH S/O LATE INDRESWAR BARUAH VILL-DHAKUA P.S.-BIHPURIA-781381 DIST-NORTH LAKHIMPUR (ASSAM) VERSUS NEW INDIA ASSURANCE CO. LTD. AND 2 ORS. REPRESENTED BY ITS REGIONAL MANAGER G.S. ROAD Page No.# 2/3 ULUBARI P.O.-GUWAHATI-781007 DIST-KAMRUP(M) (ASSAM) 3:NATIONAL INSURANCE COMPANY LTD. REPRESENTED BY REGIONAL OFFICE GUWAHATI G.S. ROAD BHANGAGARH P.O.-GUWAHATI-05 DIST- KAMRUP(ASSAM)-781005 ------------ Advocate for : MR. A R AGARWALA Advocate for : MR. K K BHATTA (r-3) appearing for NEW INDIA ASSURANCE CO. LTD. AND 2 ORS. BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 07.08.2025 Heard Mr. A. R. Agarwala, learned counsel for the applicant and Mr. A. Acharya, learned counsel for the respondent No. 1 Also heard Mr. R. Sharma, learned counsel for the respondent No. 3. 2) This joint application is preferred by the appellant/claimant and the respondent No. 1, the National Insurance Co. Ltd., in MAC Appeal No. 40/2022, to allow the petitioners to amicably compromise the settlement of the MAL Appeal No. 40/2022 for an additional amount, being Rs. 2,20,000/-and also to allow the amount to be deposited in the bank 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. 1,91,000/-, which was awarded by the learned Member, Motor Accident Claims Tribunal No. 1, Kamrup, Guwahati, in MAC Case No. 2208/2017, and that the original award, i.e., Rs. 1,91,000/-, along with the interest has already been paid, and both the parties have amicably settled the present appeal for enhancement at Rs. 2,20,000/-, 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. 40/2022. Page No.# 3/3 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 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. 2,20,000/- in the account of the appellant/claimant No. 1 via electronic mode, within a period of 4 (four) weeks from today. 7) In terms of the above, this interlocutory application and MAC Appeal No. 40/2022 stands disposed of. 8) Mr. Agarwala, learned counsel for the claimant/appellant shall furnish the bank particulars of the appellant/claimant No. 1 to Mr. Acharya within 1 (one) week. 9) Registry shall return the record of the learned Tribunal. JUDGE Comparing Assistant