New India Assurance Co. Ltd. v. Sh Lalhmangaiha and Anr.
MACApp./8/2024 · 2025-09-04
Marli Vankung
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22913 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22913 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC030005852024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./8/2024 New India Assurance Co. Ltd. R/b the Branch Manager, Aizawl, Mizoram VERSUS Sh Lalhmangaiha and Anr. S/o Hnunkhuma, R/o Armed Veng, Aizawl, Mizoram 2:Sh Sunder La Advocate for the Petitioner : Mr. Benjamin Lalthlamuana Advocate for the Respondent : Ms. Jacinta Zothanmawii for R1
B E F O R E HON’BLE MRS. JUSTICE MARLI VANKUNG ORDER
05.09.2025 Heard Mr. J. Malsawmzuala Vanchhawng, appears on behalf of Mr. Benjamin Lalthlamuana, learned counsel for the petitioner. Also heard Ms. Jacinta Zothanmawii, learned counsel for respondent No. 1. 2. The learned counsels submit that both the parties have come to an amicable settlement through mediation wherein, the case was registered as
Page No.# 2/3 Mediation case No. 4/2025 dated 26.08.2025. The learned counsel submits that since the parties have come to an amicable settlement at the Mediation Centre, the instant MAC App. No. 8/2024 may be disposed of. 3. This court on hearing the submissions made by the learned counsels for both the parties, it is seen that the instant MAC App. No. 8/2024 was filed for setting aside the Judgment & Order dated 24.01.2024 in MAC App. case No. 16/2020 along with the Corrigendum dated 11.06.2024 to the said Judgment wherein, the learned Tribunal had awarded the respondent No. 1/claimant the sum of Rs. 5,77,353/- (Rupees five lakh seventy seven three hundred and fifty three) along with interest at the rate of 7% per annum to be paid by the appellant/ New India Assurance Co. Ltd.
4. The learned Tribunal held that the Assurance Company was liable to pay the said compensation amount due to 82% disability of hearing impairment suffered by the respondent/claimant and the medical expenses incurred by him due to vehicular accident on 30.11.2016 by the motor vehicle bearing registration No. RJ-07-GC-7363 which have rolled and hit the claimant resulting in his injuries. 5. It is seen that when the matter was considered before the learned mediator on 26.08.2025, the parties have come to an amicable settlement on
Page No.# 3/3 the following terms:
“Out of the awarded compensation amounting to Rs. 5,77,353/- plus interest, the parties agreed to settle at the amount, Rs.
3,50,000/- (Rupees Three lakh fifty thousand) inclusive of interest and the amount shall be paid by the Appellant to the Respondent No. 1/Claimant within a period of 2 weeks from the date of Order. The agreed amount shall be deposited by the Appellant to the Account of the Respondent No. 1 Counsel Miss Jacinta Zothanmawii, A/c No. 50100205644021, HDFC, IFSC No. HDFC0004728. If the settlement amount is not paid within two weeks from the date of the Order, 7% interest per annum will be incurred from the settlement amount till the payment is made.” This court on perusal of terms of settlement find that the terms of settlement is reasonable and in accordance with the law. 6. Accordingly, this court finds that since the parties have come to an amicable settlement, the MAC App. No. 8 of 2024 stands disposed of. JUDGE Comparing Assistant