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2025 DAILYLAW 24670 (GAU)

NEW INDIA ASSURANCE COMPANY LTD v. REJIYA BEGUM DEKA

I.A.(Civil)/4063/2025 · 2025-12-12

Sanjay Kumar Medhi

body2025

Judgment text

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Page No.# 1/4 GAHC010214172025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./564/2025 NEW INDIA ASSURANCE COMPANY LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956. REPRESENTED BY ITS REGIONAL MANAGER, LACHIT NAGAR, GUWAHATI- 07. VERSUS REJIYA BEGUM DEKA W/O- SRI RAJANI DEKA, RESIDENTS OF- VILLAGE- PATANI, P.S.- HAJO, DISTRICT- KAMRUP (R), ASSAM. PIN CODE- 781102 2:SRI RAJANI DEKA S/O- LATE KAMESWAR DEKA RESIDENTS OF- VILLAGE- PATANI P.S.- HAJO DISTRICT- KAMRUP (R) ASSAM. PIN CODE- 781102 3:MD KAHINUR ALI S/O- MANJAN ALI C/O- RAJ COMMUNICATION R/O- HANUMAN TOWER COMPLEX NEAR SHIVA MANDIR P.S.- BASISTHA DISTRICT- KAMRUP (M) ASSAM. PIN CODE- 781029 (OWNER OF THE VEHICLE BEARING REGISTRATION NO. AS-01/FC-2244) 4:MD TOIBUL ALI S/O- SAMIRUDDIN ALI R/O- VILLAGE- CHOTO ATHIABARI P.O. AND P.S.- SIPAJHAR DISTRICT- DARRANG ASSAM. PIN CODE- 784145 (DRIVER OF THE VEHICLE BEARING REGISTRATION NO. AS-01/FC-2244 Page No.# 2/4 Advocate for the Petitioner : POOJA GOSWAMI, Advocate for the Respondent : , I.A.(Civil)/4063/2025 NEW INDIA ASSURANCE COMPANY LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956. REPRESENTED BY ITS REGIONAL MANAGER LACHIT NAGAR GUWAHATI- 07. VERSUS REJIYA BEGUM DEKA W/O- SRI RAJANI DEKA RESIDENTS OF- VILLAGE- PATANI P.S.- HAJO DISTRICT- KAMRUP (R) ASSAM. PIN CODE- 781102 2:SRI RAJANI DEKA S/O- LATE KAMESWAR DEKA RESIDENTS OF- VILLAGE- PATANI P.S.- HAJO DISTRICT- KAMRUP (R) ASSAM. PIN CODE- 781102 3:MD KAHINUR ALI S/O- MANJAN ALI C/O- RAJ COMMUNICATION R/O- HANUMAN TOWER COMPLEX NEAR SHIVA MANDIR P.S.- BASISTHA DISTRICT- KAMRUP (M) ASSAM. PIN CODE- 781029 (OWNER OF THE VEHICLE BEARING REGISTRATION NO. AS-01/FC-2244) 4:MD TOIBUL ALI S/O- SAMIRUDDIN ALI R/O- VILLAGE- CHOTO ATHIABARI P.O. AND P.S.- SIPAJHAR DISTRICT- DARRANG ASSAM. PIN CODE- 784145 Page No.# 3/4 (DRIVER OF THE VEHICLE BEARING REGISTRATION NO. AS-01/FC-2244) ------------ Advocate for : POOJA GOSWAMI Advocate for : appearing for REJIYA BEGUM DEKA BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 13.12.2025 This is an appeal filed by the appellant-New India Assurance Company Ltd. against the Award dated 28.03.2025 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup (M), Guwahati (for short MACT, Kamrup) in MAC Case No.765/2022. Ms. Hena Haflongbar, Assistant Manager of The New India Insurance Assurance Company Ltd. (Insurance Company) and the claimant-Ms. Rejiya Begum Deka along with her learned counsel, Shri A.N. Iqbal are present today i.e., 13.12.2025 in the National Lok Adalat. The parties present jointly submit that the matter has been amicably settled between the parties and an amount Rs.18,35,272/- inclusive of interest as full and final settlement has been agreed upon. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the aforesaid amount Rs.18,35,272/- being the full and final payment before the MACT No. 2, Kamrup (M) within a period of 45 days from today. It is, however made clear that the interest component would be subject to deduction of TDS. Out of the aforesaid amount of Rs. 18,35,272/-, an amount of Rs. 5,00,000/- (Rupees Five Lakhs) be kept in a FD scheme in the name of the Page No.# 4/4 claimant no. 1-Ms. Rejiya Begum Deka in any Nationalised Bank for a period of 3 years with renewal clause. 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. The claimant no. 1- Ms. Rejiya Begum Deka would be at liberty to withdraw the aforesaid amount on being properly identified by her learned counsel. The MAC appeal and the IA accordingly stand disposed of. Send back the TCRs, if any. JUDGE Comparing Assistant