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2025 DAILYLAW 26123 (GAU)

FUNU PATHAK AND 2 ORS v. NATIONAL INSURANCE CO LTD AND 2 ORS

MACApp./209/2020 · 2025-12-12

Kardak Ete

body2025

Judgment text

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Page No.# 1/3 GAHC010108262020 2025:GAU-AS:17285 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) NATIONAL LOK ADALAT (HELD ON 13TH OF DECEMBER, 2025) Case No. : MACApp./209/2020 FUNU PATHAK AND 2 ORS W/O- LATE PHULESWAR @ FULESHWAR PATHAK, R/O- VILL NO.1 BIHDIA, BAISHYAPARA, P.S- CHHAYGAON, DIST- KAMRUP, ASSAM, PIN- 781381 2: SIBANI PATHAK D/O- LATE PHULESWAR @ FULESHWAR PATHAK R/O- VILL NO.1 BIHDIA BAISHYAPARA P.S- CHHAYGAON DIST- KAMRUP ASSAM PIN- 781381 3: PARMME PATHAK W/O- LATE SANESWAR @ SONESWAR PATHAK R/O- VILL NO.1 BIHDIA BAISHYAPARA P.S- CHHAYGAON DIST- KAMRUP ASSAM PIN- 78138 VERSUS NATIONAL INSURANCE CO LTD AND 2 ORS REP. BY ITS REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE, BHANGAGARH, GS ROAD, GUWAHATI- 05 2:RANJAN HAJANG S/O- LATE KISTO MOHAN HAJANG Page No.# 2/3 R/O- PAKHARAPARA P.O AND P.S- BOKO DIST- KAMRUP ASSAM PIN- 781123 3:ABDUL ALI S/O- KARIM ALI R/O- KALIYABARI P.O AND P.S- BOKO DIST- KAMRUP ASSAM PIN- 78112 Advocate for the Petitioner : MR. M TALUKDAR, MR. A SHAKIL Advocate for the Respondent : MR. R GOSWAMI, MS. P BORTHAKUR BEFORE HONOURABLE MR. JUSTICE KARDAK ETE Name of the Conciliatiors: 1. Ms. Jahnavi Baruah 2. Mr. Imrul Hassan ORDER The case is brought before the National Lok Adalat for adjudication. The National Insurance Company Ltd. is represented by its duly authorized officials, namely, Mr. P. D. Bhutia, Regional Manager and Debajit Sarkar, Assistant Manager. The Claimants, namely, Funu Pathak and Parmme Pathak, are present in person, along with their engaged counsel, Mr. M. Talukdar. It is submitted that the awarded amount was Rs. 8,50,000/- (Rupees Eight Lakh Fifty Thousand Only). After negotiations, both parties have mutually agreed to settle the matter for a sum of Rs. 11,75,000/- (Rupees Eleven Lakh Seventy-Five Thousand Only) as full and final settlement of Page No.# 3/3 the claim, of which Rs. 8,50,000/- (Rupees Eight Lakh Fifty Thousand Only) has already been paid and the remaining additional amount of Rs. 3,25,000/- (Rupees Three Lakh Twenty-Five Thousand Only) is to be paid. Accordingly, The National Insurance Company Ltd. is hereby directed to deposit the sum of Rs. 3,25,000/- (Rupees Three Lakh Twenty-Five Thousand Only) before the Registry of this Court, within one month from the date of this order. Consequently, out of the sum of Rs. 3,25,000/- (Rupees Three Lakh Twenty-Five Thousand Only), Rs. 1,00,000/- (Rupees One Lakh Only) shall be paid to the Claimant No. 3, Parmme Pathak (mother of the deceased) and the remaining Rs. 2,25,000/- (Rupees Two Lakh Twenty-Five Thousand Only) shall be paid to the Claimant No. 1, Funu Pathak (wife of the deceased). The Claimants, are permitted to withdraw their respective shares of the deposited amount upon proper verification and identification. The appeal stands disposed of in terms above. JUDGE Comparing Assistant