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2025 DAILYLAW 19992 (GAU)

THE NEW INDIA ASSURANCE CO LTD v. TARSLIA CHAMPIA AND 4 ORS

I.A.(Civil)/3405/2024 · 2025-03-07

Sanjay Kumar Medhi

body2025

Judgment text

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Page No.# 1/3 GAHC010221932024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3405/2024 THE NEW INDIA ASSURANCE CO LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956. REPRESENTED BY ITS REGIONAL MANAGER, G.S. ROAD, GUWAHATI-7. VERSUS TARSLIA CHAMPIA AND 4 ORS W/O.. LATE SANDIP CHAMPIA, R/O. VILL. KOLABARI GAON, P.O. TONGONA, P.S. TONGONA, DIST. TINSUKIA, ASSAM-786152. 2:SAPUN KUMAR BARUAH S/O. LATE DUNADHAR BARUAH R/O.KAKOPATHAR HOSPITAL ROAD P/O AND P/S. KAKOPATHAR DIST.- TINSUKIA ASSAM PIN-786152. 3:GIRIN HANDIQUE S/O. MR. KESHARAM HANDIQUE R/O. SIMLAGURI P/O. AND P/S. BORDUMSA ARUNACHAL PRADESH-792056. 4:JYOTI EKKA BONGKOR W/O. SRI. NUWAS BONGKOR R/O. VILL.- HUNJAN GAON MAITHONG PANI P/O. TONGONA P/S. TONGONA DIST.- TINSUKIA Page No.# 2/3 ASSAM-786152. 5:ICICI LOMBARD MOTOR INSURANCE SITUATED AT ICICI LOMBARD HOUSE 414 VEER SAVARKAR MARG NEAR SIDDHI VINAYAK TEMPLE PRABHADEVI MUMBAI-400025 Advocate for the Petitioner : MR. A ACHARYA, MRS B ACHARYA,MRS S ACHARYA Advocate for the Respondent : MR T KALITA(R-5), MR. N HASAN(R-1),MR. I K BURAGOHAIN(R-1),MS D DAS(R-1),MR. A HASAN (R-1),MR. A KAKATI(R-5) Linked Case : THE NEW INDIA ASSURANCE CO LTD VERSUS TARSILA CHAMPIA AND 4 ORS ------------ Advocate for : MR. A ACHARYA Advocate for : appearing for TARSILA CHAMPIA AND 4 ORS BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER Date : 08.03.2025 1. The appeal has been filed by the appellant-claimant against the judgment and award dated 04.07.2024 passed by the learned Member, Motor Accident Claims Tribunal, Tinsukia in MAC Case No. 06/2022. Page No.# 3/3 2. Ms. Hena Haflongbar, Assistant Manager of the New Insurance Company of the Insurance Company and the claimant Tarslia Champia along with her learned counsel, Mrs. B. Acharya are present today i.e., 08.03.2025 in the National Lok Adalat. 3. The parties present before this Court jointly submit that the matter has been settled between the parties and a lump sum amount of Rs.19,40,000/-, which is inclusive of all interest component, has been agreed upon. The Insurance Company would be at liberty to deduct the TDS from the interest component. 4. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the said amount, after deducting the TDS from the interest component, which is being the full and final settlement before the Motor Accident Claims Tribunal, Tinsukia within a period of 45 days from today. 5. The claimant would be at liberty to withdraw the aforesaid amount on being properly identified by her learned counsel. 6. 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. 7. Send back the LCR, if any. JUDGE Comparing Assistant