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2025 DAILYLAW 28175 (GAU)

SMTI PANCHAMI BORDOLOI and 3 ORS, v. NATIONAL INSURANCE CO. LTD. and ORS,

MACApp./310/2010 · 2025-02-23

Devashis Baruah

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Judgment text

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Page No.# 1/4 GAHC010011142026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/148/2026 SMT PANCHAMI BORDOLOI W/O LATE ROBIN BORDOLOI R/O 10, 16, EAST BY LANE, SUNDARPUR, RG BARUAH ROAD, P.S. - DISPUR, GUWAHATI - 5, DISTRICT - KAMRUP M, ASSAM 2: SHRI AMITABH BORDOLOI S/O LATE ROBIN BORDOLOI R/O 10 16 EAST BY LANE SUNDARPUR RG BARUAH ROAD P.S. - DISPUR GUWAHATI - 5 DISTRICT - KAMRUP M ASSAM. 3: SHRI NILKAMAL BORDOLOI SO LATE ROBIN BORDOLOI R/O 10 16 EAST BY LANE SUNDARPUR RG BARUAH ROAD P.S. - DISPUR GUWAHATI - 5 DISTRICT - KAMRUP M ASSAM. 4: MISS TRISHA BORDOLOI D/O LATE ROBIN BORDOLOI R/O 10 16 EAST BY LANE SUNDARPUR RG BARUAH ROAD P.S. - DISPUR Page No.# 2/4 GUWAHATI - 5 DISTRICT - KAMRUP M ASSAM VERSUS NATIONAL INSURANCE CO LTD GUWAHATI REGIONAL OFFICE, GUWAHATI - 5. INSURER OF VEHICLE NO. AS-03-C-0677, POLICY NO. 200200/31/06/6300001319 VALID UPTO 20.06.2007 POLICY ISSUED BY JORHAT BRANCH 2:SHRI SAJJAN KUMAR MITTAL S/O LATE NATHU RAM AGARWALA R/O FANCY ALI JORHAT P.S. - JORHAT DISTRICT - JORHAT PIN -785001. .PROFORMA OPPOSITE PART Advocate for the Petitioner : MR. N C DAS, MS. M DEVI Advocate for the Respondent : , In Case : MACApp./310/2010 (D/O), SMTI PANCHAMI BORDOLOI and 3 ORS W/O LATE ROBIN BORDOLOI 2: AMITABH BORDOLOI S/O LATE ROBIN BORDOLOI 3: NIL KAMAL BORDOLOI S/O LATE ROBIN BORDOLOI 4: MISS TRISHA BORDOLOI D/O LATE ROBIN BORDOLOI ALL ARE RESIDENTS OF HOUSE NO. 10 16 EAST BYE LANE SUNDARPUR Page No.# 3/4 R.G. BARUA ROAD P.S.DISPUR GUWAHATI-5 DIST. KAMRUPM VERSUS NATIONAL INSURANCE CO. LTD. and ORS GUWAHATI REGIONAL OFFICE GUWAHATI-781005 INSURER OF VEHICLE NO. AS-03-C/0677 POLICY NO. 200200/31/06/6300001319 VALID UP TO 20.06.2007 POLICY ISSUED BY JORHAT BRANCH OFFICE. 3:SAJJAN KR. MITTAL S/O LATE NATHU RAM AGARWALA R/O FANCY ALI JORHAT P.S. JORHAT DIST.JORHAT OWNER OF AS-03-C/0677 MAHINDRA PICKUP ------------ Advocate for : MR.S K MEDHI Advocate for : appearing for NATIONAL INSURANCE CO. LTD. and ORS MACApp. Case No. 227/2010 (D/O), In MACApp. Case No. 310/2010 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 04.05.2026 [1] Heard Ms. M. Devi, the learned counsel appearing for the applicant. Also heard Ms. L. Sharma, the learned counsel for the respondent/ insurance company. Page No.# 4/4 [2] It is submitted at bar that the MACAppeal No. 310/2010 filed by the present applicant/claimant, as well as the MAC Appeal No. 227/2010, filed by the insurance company were disposed of on being withdrawn by the applicant on arriving at a mutual settlement that on the withdrawal of the appeals, the insurance company shall pay the awarded amount to the claimant. However, the learned counsel for the applicant submits that the insurance company is yet to honour the said commitment. [3] On this, the learned counsel for the insurance company prays for some time to seek instructions in this regard from the insurance company. [4] The prayer is allowed. [5] Let the matter be listed again on 29th May’ 2026. [6] The name of Ms. L. Sharma, the learned counsel for the respondent/insurance company may be shown in the cause-list, as counsel for the opposite party in this case. JUDGE Comparing Assistant