AKBOR ALI v. NEW INDIA ASSURANCE COMPANY LTD. AND 5 ORS.
CO/33/2021 · 2025-06-13
Sanjay Kumar Medhi
body2025
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[ 2025 DAILYLAW 15520 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15520 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010003022017
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./148/2018 with CO/33/2021 NEW INDIA ASSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87, M.G.
ROAD,FORT, MUMBAI AND ITS REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI. VERSUS AKBAR ALI and 5 ORS S/O LATE SAHAMATALI R/O VILLAGE -DAWAGURI P.O. SRIRAMPUR , P.S. GOSSAIGAON DIST. KOKRAJHAR ,ASSAM PIN .783360 (CLAIMANT) 2:sibu chanda S/O LATE NIRMAL KR. CHANDA R/O VILLAGE - SOUTH TOKRACHARA P.S .GOLAKGANJ DIST. DHUBRI ASSAM PIN. 783334 (OWNER OF THE VEHICLE NO. AS- 17/7152 (BUS) ) 3:Sankar DUTTA S/O SRI SANTI DUTTA WARD NO .II P.O. CHAPAR P.S. CHAPAR DIST. DHUBRI ASSAM. PIN.7833371.(OWNER OF THE VEHISLE NO. AS- 21/ 5029(TRUCK) ) 4:BAJAJ ALLIANZ GENERAL INSURANCE CO . LTD 2B 2ND FLOOR CENTRE POINT G.S. ROAD ULUBARI
Page No.# 2/3 GUWAHATI- 781007. (INSURER OF THE VEHICLE NO. AS -21 /5029(TRUCK) 5:MD SAHIDUL HAQUE S/O LATE KHALILUDDIN SK R/O VILLAGE -UTTAR RAJPUR P.S. GOLAKGANJ DISTRICT. DHUBRI ASSAM. PIN 783334 (DRIVER OF THE VEHICLE NO. AS - 17/7152(BUS) ) 6:MD BHAGON ALI S/O A.A. MONDAL R/O VILLAGE BIRCHAPATA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN .783348 . (DRIVER OF THE VEHICLE NO. AS- 21/5029(TRUCK) Advocate for the Petitioner : MR. R GOSWAMI, MS. P BORTHAKUR,MS. M SAIKIA Advocate for the Respondent : MR. R K JAIN (R2), MR. H S BORAH(R-4),MR. P HAZARIKA (R- 4),MR. A R AGARWALA (R1),TULIKA BORAH (R2)
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 22.05.2015 passed by the learned Member, Motor Accident Claims Tribunal, Dhubri (for short MACT, Dhubri) in MAC Case No. 568/2009. Shri Biswanath Boro, Regional Manager and Ms. Hena Haflongbar, Assistant Manager of the Insurance Company and the claimant-Akbar Ali along with his learned counsel, Shri AR Agarwala are present today i.e., 14.06.2025 in the National Lok Adalat. It is submitted that an amount of Rs. 2,50,000/- has already been paid by the Insurance Company. The parties present jointly submit that the matter has been amicably settled between the parties and an amount Rs.10,50,000/- which includes interest as full and
Page No.# 3/3 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 balance amount of Rs.8,00,000/- being the full and final settlement before the Registry of this Court within a period of 45 days from today. The claimant, Akbar Ali would be at liberty to withdraw the aforesaid amount on being properly identified by his learned counsel. 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. Both the appeal and cross-objection stand disposed of. Send back the LCRs, if any. JUDGE Comparing Assistant