NATIONAL INSURANCE COMPANY LTD. v. HIRAMANI DAS AND 4 ORS.
MACApp./40/2023 · 2025-03-07
Sanjay Kumar Medhi
body2025
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[ 2025 DAILYLAW 6865 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 6865 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010021862023
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./40/2023 NATIONAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 3, MIDDLETON STREET, KOLKATA AND ITS REGIONAL OFFICE AT BHANGAGARH, G.S.
ROAD, GUWAHATI- 781005 REPRESENTED BY THE CHIEF REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE. VERSUS HIRAMANI DAS AND 4 ORS. W/O LATE BHASKAR DAS, VILL.- KULHATI, P.S.- HAJO, DIST.- KAMRUP, ASSAM, PIN- 781102. 2:LIPSI DAS REP. BY THE RESPONDENT NO. 1
D/O LATE BHASKAR DAS
VILL.- KULHATI
P.S.- HAJO DIST.- KAMRUP ASSAM PIN- 781102. 3:RENU DAS REP. BY THE RESPONDENT NO. 1
W/O KRISHNARAM DAS
VILL.- KULHATI
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P.S.- HAJO DIST.- KAMRUP ASSAM PIN- 781102. 4:PRANAB DUTTA S/O LATE SACHINDRA DUTTA
VILL.- BALIKURIA
P.S.- NALBARI ASSAM PIN- 781335. 5:JOGESH KALITA S/O LATE SARBESWAR KALITA
VILL.- PALLA ROAD
P.S.- NALBARI
DIST.- NALBARI ASSAM PIN- 781335 Advocate for the Petitioner : MR T KALITA, MR. A KAKATI Advocate for the Respondent : FOR CAVEATOR, MR D MONDAL
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 08.03.2025 This is an appeal filed by the appellant-National Insurance Company Ltd. (for short Insurance Company) against the judgment and award dated 21.11.2022 passed by the Learned Member, MACT, Kamrup (M) in MAC Case No. 2927/2015 whereby an award of Rs.68,50,200/- (Rupees Sixty Eight Lakh Fifty Thousand Two Hundred) was directed to be paid by the Insurance Company to
Page No.# 3/4 the respondent-claimants. 2. Shri P.D. Bhutia - Regional Manager, Shri Debajit Sarkar - Assistant Manager of the Insurance Company and the claimants along with their learned counsel, Shri D. Mondol are present today i.e., 08.03.2025 in the National Lok Adalat. 3. It is submitted that out of the awarded amount of Rs.68,50,200/-, 50% i.e., Rs. 34,25,000/- (Rupees Thirty Four Lakh Twenty Five Thousand) of the said awarded amount was already deposited and withdrawn. 4. The parties present before this Court jointly submit that the matter has been settled between the parties and a lump sum amount of Rs.33,74,900/- (Rupees Thirty Three Lakh Seventy Four Thousand Nine Hundred) has been agreed upon. 5.
In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the aforesaid amount of Rs.33,74,900/- (Rupees Thirty Three Lakh Seventy Four Thousand Nine Hundred) being the full and final settlement before the Registry within a period of 45 days from today. 6. The manner of release of the aforesaid amount would be in the following terms:
Out of the aforesaid settled amount of Rs.33,74,900/-; i) Rs.20,00,000/- (Rupees Twenty Lakhs) in the name of the widow of the deceased (claimant no. 1-Smt. Hiramani Das; ii) Rs.6,00,000/- (Rupees Six Lakhs) in the name of the
Page No.# 4/4 mother of the deceased (claimant no.3- Smt. Renu Das) and; iii) Remaining Rs. 7,74,900/- (Rupees Seven Lakh Seventy Four Thousand Nine Hundred) in the form of FD in the name of the minor daughter – claimant no. 2 (Ms. Lipsi Das) in any nationalized bank. 7. The claimants would be at liberty to withdraw the aforesaid amount on being properly identified by the learned counsel. 8. 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. JUDGE Comparing Assistant