Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 23080 (GAU)

THE NEW INDIA ASSURANCE CO. LTD. v. SMTI. JAMUNA DEVI AND 4 ORS

I.A.(Civil)/27/2025 · 2025-03-20

Mridul Kumar Kalita

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC020001172025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/27/2025 THE NEW INDIA ASSURANCE CO. LTD. REPRESENTED BY DIVISIONAL MANAGER DIVISIONAL OFFICE, DIMAPUR, NAGALAND VERSUS SMTI. JAMUNA DEVI AND 4 ORS PERMANENT R/O SUKHANJAN NEPALI BASTI P.S BOKAJAN, KARBI ANGLONG, ASSAM 782480 TEMPORARY R/O RIVERBELT COLONY, DIMAPUR, NAGALAND MOTHER OF LATE AMAR ARJEL 2:SHRI RIKHIRAM ARJEL FATHER OF LATE AMAR ARJEL PERMANENT R/O SUKHANJAN NEPALI BASTI P.S BOKAJAN KARBI ANGLONG ASSAM 782480 TEMPORARY R/O RIVERBELT COLONY DIMAPUR NAGALAND 3:SHRI SHANKAR ARJEL BROTHER OF LATE AMAR ARJEL PERMANENT R/O SUKHANJAN NEPALI BASTI P.S BOKAJAN KARBI ANGLONG ASSAM 782480 TEMPORARY R/O RIVERBELT COLONY Page No.# 2/3 DIMAPUR NAGALAND 4:SHRI BABUL CH TALUKDAR S/O LT. BANESHWAR KALITA R/O SATAGAON PRAGATI NAGAR VILLAGE WARD-52 H.NO. 73 4TH B/LANE UDAYANBIHAR GUWAHATI ASSAM 5:SHRI ABDUL HAKIM TAPADAR S/O AMATAJ ABDUL ALI TAPADAR R/O PAIKAN VILLAGE P.O- GUMRA BAZAR P.S KATIGORAH DISTRICT CHACHAR ASSAM - 7888 Advocate for the Petitioner : MEDO VERO, Advocate for the Respondent : S. TEMSUWATI ANGH, Z. KULNU BEFORE HON'BLE MR JUSTICE MRIDUL KUMAR KALITA ORDER Date : 21.03.2025 1. Heard Mr. Pfosekho Pfotte, learned counsel for the appellant/applicant. Also heard Mr. Z. Kulnu, learned counsel for the claimants/respondents. 2. This joint application under Order 23 Rule 3 of the Code of Civil Procedure, 1908, has been filed by the Insurance Company as well as the claimants praying for disposing of the connected appeal i.e., MAC Appeal No. 10/2024 on the basis of the amicable settlement arrived at between the parties. 3. It is submitted at the bar that the appellant in MAC Appeal No. 10/2024, namely, New India Assurance Company Limited as well as the claimant No. 2 on behalf of all other claimants have executed a deed of Page No.# 3/3 settlement whereby it was amicably agreed between the parties that the Insurance Company shall pay a sum of Rs.15,10,000/- (Rupees Fifteen Lakh Ten Thousand) only as full and final settlement of the claim of the claimants/opposite parties. 4. It is also submitted by the learned counsel for both the sides that the MAC Appeal No. 10/2024 may accordingly be disposed of in terms of the settlement arrived at between the parties. 5. Considering the submissions made by the learned counsel for the Insurance Company as well as the claimants and after going through the settlement deed annexed as Annexure- A to the joint application under Order 23 Rule 3 of the Code of Civil Procedure, 1908, this Court disposed of the interlocutory application with an observation that the connected MAC Appeal may be disposed of in terms of the settlement arrived at between the parties by deed of settlement executed between them on 10th of March, 2025. 6. This interlocutory application is accordingly disposed of. Sd/- JUDGE Comparing Assistant