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2025 DAILYLAW 26813 (GAU)

M/S NEW INDIA ASSURANCE COMPANY LTD. v. MOTILAL KANU AND 3 ORS.

MACApp./155/2022 · 2025-12-12

Sanjay Kumar Medhi

body2025

Judgment text

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Page No.# 1/3 GAHC010040162022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./155/2022 M/S NEW INDIA ASSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87, MAHATMA GANDHI ROAD, MUMBAI, AND ONE OF THE REGIONAL OFFICE AT STAR CITY COMPLEX, 5TH FLOOR, LACHIT NAGAR, GUWAHATI-781005, NEAR HANUMAN MANDIR VERSUS MOTILAL KANU AND 3 ORS. S/O GANGA PRASAD KANU, R/O SANKARDEV NAGAR COLONY, UCHAMATI, P.O.-DOOMDOOMA, P.S.-DOOMDOOMA, DIST-TINSUKIA, ASSAM-786151 2:SMTI MEERA DEVI W/O SRI MOTILAL KANU R/O SANKARDEV NAGAR COLONY UCHAMATI P.O.-DOOMDOOMA P.S.-DOOMDOOMA DIST-TINSUKIA ASSAM-786151 3:NAGENDRA SINGH S/O DEV NANDAN SINGH R/O BORHAPAJAN P.S.-DOOMDOOMA DIST-TINSUKIA ASSAM-786190 4:NITYANANDA PATHAK S/O BINANDI PATHAK R/O NO 3 KAKOPATHAR Page No.# 2/3 P.O. AND P.S.-KAKOPATHAR P.S.-SILAPATHAR DIST-TINSUKIA ASSAM-78615 Advocate for the Petitioner : MR. K K BHATTA, MS JONA TALUKDAR Advocate for the Respondent : MR H BARUAH (FOR CAVEATOR), MR P P PHUKAN (FOR CAVEATOR) 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 03.11.2021 passed by the learned Member, Motor Accident Claims Tribunal, Tinsukia (for short MACT, Tinsukia) in MAC Case No.31/2020. Ms. Hena Haflongbar, Assistant Manager of The New India Insurance Assurance Company Ltd. (Insurance Company) along with Shri K.K. Bhatta, learned Standing Counsel and the claimant-Shri Motilal Kanu along with his learned counsel, Shri H. Baruah 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.13,00,000/- (Rupees thirteen lakhs) only inclusive interest as full and final settlement has been agreed upon. It is submitted that an amount of Rs.6,22,300/- (Rupees Six lakhs twenty two thousand and three hundred) only has already been paid by the Insurance Company. Page No.# 3/3 In view of the above, the appeal stands closed with a direction that the Insurance Company shall now deposit the balance amount of Rs. 6,77,700/- (Rupees Six lakhs seventy seven thousand seven hundred) only being the full and final payment before the MACT, Tinsukia within a period of 45 days from today. It is, however made clear that the interest component would be subject to deduction of TDS. The claimant would be at liberty to withdraw the aforesaid amount on being properly identified by his learned counsel. 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 MAC appeal accordingly stands disposed of. Send back the TCRs, if any. JUDGE Comparing Assistant