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2025 DAILYLAW 5272 (GAU)

NEW INDIA ASSURANCE COMPANY LTD. v. SMTI LABANYA SAIKIA and 5 ORS

MACApp./487/2018 · 2025-03-07

Sanjay Kumar Medhi

body2025

Judgment text

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Page No.# 1/3 GAHC010001922016 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./487/2018 NEW INDIA ASSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87 M.G. ROAD, FORT, MUMBAI AND ITS REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI. VERSUS SMTI LABANYA SAIKIA and 5 ORS R/O VILL. TIONHJOLIA, HATALI, P.S. CHABUA, DIST. DIBRUGARH, ASSAM, PRESENT ADDRESS C/O NIRMALI SAIKIA, GANESH NAGAR, BAMUNIMAIDAN, P.S. CHANDMARI, DIST. KAMRUP, ASSAM. 2:GOPAL SAIKIA 3:SUSANTA SAIKIA S/O SRI GOLAP SAIKIA 4:ABHIJIT SAIKIA S/O SRI GOLAP SAIKIA ALL ARE R/O VILL. TIONHJOLIA HATALI P.S. CHABUA DIST. DIBRUGARH ASSAM PRESENT ADDRESS C/O NIRMALI SAIKIA GANESH NAGAR BAMUNIMAIDAN P.S. CHANDMARI DIST. KAMRUP ASSAM. Page No.# 2/3 5:SURANJAN PHUKAN S/O LATE KHARGESWAR PHUKAN R/O VILL. CHETIAGAON NEAR HATIALI HIGH SCHOOL P.S. CHABUA DIST. DIBRUGARH ASSAM. 6:MD. ARIF HUSSAIN S/O MD. NURUL HUSSAIN R/O PALTAN BAZAR JALAN NAGAR P.S. DIBRUGARH DIST. DIBRUGARH ASSAM Advocate for the Petitioner : MR. R GOSWAMI, MR. S BHUYAN,MS. M SAIKIA,MS. P BORTHAKUR Advocate for the Respondent : MR D MONDAL (R 1-4), MR. K DUTTA (R - 5 & 6),MR. DR. U BARUAH (R 1-4),MR. P SARMA (R 1-4) BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 08.03.2025 This is an appeal filed by the appellant- New India Assurance Company Ltd. (for short Insurance Company) against the judgment and award dated 18.03.2016 passed by the Learned Member, Motor Accident Claims Tribunal No.2, Kamrup (M) in MAC Case No. 486/2014. Out of the awarded amount, Rs.51,48,875/- has already been paid by the Insurance Company and withdrawn. 2. Ms. Hena Haflongbar, Assistant Manager of the Insurance Company and the claimant No.1 – Smti. Labanya Saikia along with her learned counsel, Shri D. Page No.# 3/3 Mondal are present today i.e., 08.03.2025 in the National Lok Adalat. 3. The parties present before this Court jointly submit that the matter has been settled between the parties and a lump sum amount of Rs.28,51,225/-, 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. 4. 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 the interest component, which is being the full and final settlement before the Registry of this Court within a period of 45 days from today. 5. The claimant No. 1 would be at liberty to withdraw the aforesaid amount on being properly identified by her learned counsel. 6. 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. 7. Send back the LCR, if any. JUDGE Comparing Assistant