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2025 DAILYLAW 21722 (GAU)

THE NATIONAL INSURANCE COMPANY LIMITED v. ASMA KHATUN @ BEGUM AND 5 ORS

I.A.(Civil)/3666/2023 · 2025-06-13

N Unni Krishnan Nair

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Judgment text

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Page No.# 1/6 GAHC010257992023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./447/2023 THE NATIONAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA- 700071 AND REGIONAL OFFICE AT BHANGAGARH, GUWAHATI, REPRESENTED BY REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE, BHANGAGARH, GUWAHATI- 781005, DIST.- KAMRUP (METRO), ASSAM. VERSUS ASMA KHATUN @ BEGUM AND 5 ORS. W/O LATE ASAR @ ASHRAF ALI. 2:ARJINA SULTANA (MINOR). D/O LATE ASAR @ ASHAF ALI. 3:BANECHA KHATUN W/O MAHAR @ MUHAR ALI. 4:MAHAR @ MUHAR ALI S/O LATE ABDUL SHEIKEH (FATHER) VILL.- PUB CHAKUMAKU P.S.- JAGIROAD DIST.- MORIGAON ASSAM. PRESENT ADDRESS- C/O MONOWARA KHATUN R/O KATAHBARI P.S.- GARCHUK DIST.- KAMRUP (METRO) Page No.# 2/6 ASSAM. 5:NOOR MOHAMMED S/O IDRISH ALI C/O AKAN THAKURIA P.O. AND P.S.- KHETRI DIST.- KAMRUP (METRO) ASSAM PIN- 781037. PERMANENT ADDRESS- VILL.- CHAKUMAKU P.O. AND P.S.- JAGIROAD DIST.- MORIGAON ASSAM PIN- 782410. 6:GONIKHAN CHOUDHURY S/O NAZIR HUSSAIN C/O SAFIK AHMED R/O SIJUBARI H.NO. 102 P.O. AND P.S.- HATIGAON DIST.- KAMRUP (M) ASSAM PIN- 781034 Advocate for the Petitioner : MRS. D DAS BARMAN, MS G DAS Advocate for the Respondent : MR. A R AGARWALA(R-1,2), MR ADITYA AGARWALA(R-1,2) Linked Case : I.A.(Civil)/323/2025 ASMA KHATUN ALIAS BEGUM AND ORS W/O LATE ASAR @ ASHRAF ALI. VERSUS THE NATIONAL INSURANCE CO LTD REGIOANL OFFICE KAMRUP METRO Page No.# 3/6 2:MAHAR @ MUHAR ALI S/O LATE ABDUL SHEIKEH (FATHER) VILL.- PUB CHAKUMAKU P.S.- JAGIROAD DIST.- MORIGAON ASSAM. PRESENT ADDRESS- C/O MONOWARA KHATUN R/O KATAHBARI P.S.- GARCHUK DIST.- KAMRUP (METRO) ASSAM. ------------ Advocate for : ATMA RAM AGARWALA Advocate for : MS. D D BARMAN appearing for THE NATIONAL INSURANCE CO LTD Linked Case : I.A.(Civil)/3666/2023 THE NATIONAL INSURANCE COMPANY LIMITED HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3 MIDDLETON STREET CALCUTTA- 700071 AND REGIONAL OFFICE AT BHANGAGARH GUWAHATI REPRESENTED BY REGIONAL MANAGER GUWAHATI REGIONAL OFFICE BHANGAGARH GUWAHATI- 781005 DIST.- KAMRUP (METRO) ASSAM. VERSUS ASMA KHATUN @ BEGUM AND 5 ORS W/O LATE ASAR @ ASHRAF ALI. 2:ARJINA SULTANA (MINOR). D/O LATE ASAR @ ASHAF ALI. 3:BANECHA KHATUN W/O MAHAR @ MUHAR ALI. Page No.# 4/6 4:MAHAR @ MUHAR ALI S/O LATE ABDUL SHEIKEH (FATHER) VILL.- PUB CHAKUMAKU P.S.- JAGIROAD DIST.- MORIGAON ASSAM. PRESENT ADDRESS- C/O MONOWARA KHATUN R/O KATAHBARI P.S.- GARCHUK DIST.- KAMRUP (METRO) ASSAM. 5:NOOR MOHAMMED S/O IDRISH ALI C/O AKAN THAKURIA P.O. AND P.S.- KHETRI DIST.- KAMRUP (METRO) ASSAM PIN- 781037. PERMANENT ADDRESS- VILL.- CHAKUMAKU P.O. AND P.S.- JAGIROAD DIST.- MORIGAON ASSAM PIN- 782410. 6:GONIKHAN CHOUDHURY S/O NAZIR HUSSAIN C/O SAFIK AHMED R/O SIJUBARI H.NO. 102 P.O. AND P.S.- HATIGAON DIST.- KAMRUP (M) ASSAM PIN- 781034. ------------ Advocate for : MRS. D DAS BARMAN Advocate for : appearing for ASMA KHATUN @ BEGUM AND 5 ORS Page No.# 5/6 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR Date : Name of the Conciliator(s) : 1. Mr. Binod Kumar Singh 2. Ms. Meghali Barman ORDER 14.06.2025 The case is put up before the National Lok Adalat. It is submitted by both the claimant and the Insurance Company’s representatives that these matters are settled between the parties at an amount of Rs. 21,00,000/- inclusive of all components as a full and final settlement of the claim. It is to be noted that the Insurance Company had already paid a sum of Rs. 10,68,374/- to the claimants. The Insurance Company will deposit the balance amount of Rs. 10,31,626/- within a period of 45 days from today before the Registry of the Gauhati High Court. Failure to deposit the above-mentioned amount within the stipulated time by the National Insurance Company Limited, the above amount would carry an interest @ of 7% from the date of filing of the claim petition before the learned Tribunal. From the total deposited amount of Rs. 10,31,626/-; an amount of Rs. 5,00,000/-, shall be release and kept in a fixed deposit account in the name of the claimant no. 2 (Arjina Sultana minor daughter) in a Nationalized Bank/Post Office till she reach the age of majority, and the balance amount shall be released to the claimant no. 1, by the Registry upon furnishing of adequate documents for their Page No.# 6/6 identification as well as the particular of their accounts. Statutory deposit, if any, made by the Insurance Company being not a part of the amount so settled today, the same may be released to the Insurance Company on an application made by it in this connection. The appeal accordingly, stands disposed of in terms of the amicable settlement reached between the parties. The compromise format signed by the parties is kept on record. LCRs, if any, be remitted to the concerned Tribunal. JUDGE Comparing Assistant