Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 24560 (GAU)

NEW INDIA ASSURANCE COMPANY LTD v. SRI DEBANAN CHARBHE

MACApp./563/2025 · 2025-12-12

Sanjay Kumar Medhi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010228992025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./563/2025 NEW INDIA ASSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87, M.G. ROAD, FORT, MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX,5TH FLOOR, LACHIT NAGAR NEAR HANUMAN MANDIR G.S. ROAD, GUWAHATI-781007. VERSUS SRI DEBANAN CHARBHE S/O LATE JANMEJOY CHARB R/O VILLAGE-SHIBAMANDIR P.O- GABHARU, P.S-TEZPUR DIST-SONITPUR, ASSAM, PIN-784153 CLAIMANTS 2:SRI TRILOCHAN CHARBHE S/O LATE JANMEJOY CHARBHE 3:SMTI KANKANA CHARBHE D/O LATE JANMEJOY CHARBH ALL ARE RESIDENTS OF- R/O VILLAGE- SHIBAMANDIR P.O- GABHARU P.S-TEZPUR DIST-SONITPURASSAM PIN-784153 CLAIMANTS 4:MD MAHAMMAD JUBER S/O JAN MOHAMMAD R/O-HOUSE NO.50 KHANDAWALL P.O AND P.S- BALLABGARH DIST- FARIDABAD HARYANA PIN-121004. OWNER OF THE VEHICLE HR-38/W-8994 5:MD MAKIM S/O LATE R/O VILLAGE-MALOKHERA WARD NO.3 P.S-HATIN DIST-PALWAL HARYANA-55 DRIVER OF THE VEHICLE HR-38/W-899 Page No.# 2/4 Advocate for the Petitioner : MONDAKINI SAIKIA, MR. R GOSWAMI,MS. P BORTHAKUR Advocate for the Respondent : , Linked Case : I.A.(Civil)/4060/2025 NEW INDIA ASSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87 M.G. ROAD FORT MUMBAI AND ITS REGIONAL OFFICE AT STAR CITY COMPLEX 5TH FLOOR LACHIT NAGAR NEAR HANUMAN MANDIR G.S. ROAD GUWAHATI-781007. VERSUS SRI DEBANAN CHARBHE S/O LATE JANMEJOY CHARB R/O VILLAGE-SHIBAMANDIR P.O- GABHARU P.S-TEZPUR DIST-SONITPUR ASSAM PIN-784153 2:SRI TRILOCHAN CHARBHE S/O LATE JANMEJOY CHARBHE 3:SMTI KANKANA CHARBHE D/O LATE JANMEJOY CHARBH ALL ARE RESIDENTS OF- R/O VILLAGE- SHIBAMANDIR P.O- GABHARU P.S-TEZPUR DIST-SONITPURASSAM PIN-784153 CLAIMANTS 4:MD MAHAMMAD JUBER S/O JAN MOHAMMAD R/O-HOUSE NO.50 KHANDAWALL P.O AND P.S- BALLABGARH DIST- FARIDABAD HARYANA PIN-121004. OWNER OF THE VEHICLE HR-38/W-8994 5:MD MAKIM S/O LATE R/O VILLAGE-MALOKHERA WARD NO.3 P.S-HATIN DIST-PALWAL HARYANA-55 DRIVER OF THE VEHICLE HR-38/W-8994 ------------ Page No.# 3/4 Advocate for : MONDAKINI SAIKIA Advocate for : appearing for SRI DEBANAN CHARBHE BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 13.12.2025 This is an appeal filed by the appellant- New India Assurance Company Ltd. (for short Insurance Company) against the judgment and award dated 23.05.2025 passed by the Learned Member, Motor Accident Claims Tribunal, Nalbari in MAC Case No. 89/2018 (Death). 2. Ms. Hena Haflongbar, Assistant Manager of the Insurance Company Ltd. and the claimant no. 1 – Sri Debanan Charbhe, the claimant no. 2 – Sri Trilochan Charbhe and the claimant no. 3 – Smti Kankana Charbhe along with their learned counsel, Shri BB Bora are present today i.e., 13.12.2025 in the National Lok Adalat. 3. The claimant nos. 2 and 3 have agreed and given their consent for depositing the amount in the name of the claimant no. 1, which would be distributed amongst themselves. 4. The parties present before this Court jointly submit that the matter has been settled between the parties and a lump sum amount of Rs.10,88,121/-, 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. 5. 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 Page No.# 4/4 the interest component, which is being the full and final settlement. As requested, the same be deposited directly to the bank account of the claimant no. 1, the particulars of which are provided below, within a period of 45 days from today: Account Holder: Mr. Devanan Charbhe Bank & Branch: IDBI, Tezpur Account Number: 1158104000119153 IFSC: IBKL0001158 6. The claimant no. 1 would be at liberty to withdraw the aforesaid amount on being properly identified by his learned counsel. 7. 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. 8. The appeal as well as I.A. accordingly stand disposed of. 9. Send back the TCR, if any. JUDGE Comparing Assistant