UNITED INDIA INSURANCE COMPANY LIMITED v. ABIRAN NESSA @ BIBI @ BEGUM
MACApp./68/2025 · 2025-03-07
Sanjay Kumar Medhi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8378 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8378 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010041892025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./68/2025 UNITED INDIA INSURANCE COMPANY LIMITED HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD, CHENNAI-600014 AND ITS REGIONAL OFFICE AT CHIBAR HOUSE, 1ST FLOOR, G.S. ROAD, NEAR DISPUR POST OFFICE, GUWAHATI, KAMRUP (M), PIN-781005 REP BY THE REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE. VERSUS ABIRAN NESSA @ BIBI @ BEGUM W/O. LT. KHABIR UDDIN @ KHABUR UDDIN ALI 2:AMINA EYASMINE D/O. LT. KHABIR UDDIN @ KHABUR UDDIN ALI 3:RAKIBUL ISLAM S/O. LT. KHABIR UDDIN @ KHABUR UDDIN ALI 4:NARJINA YASMIN D/O. LT. KHABIR UDDIN @ KHABUR UDDIN ALI 5:MARIYAM YASMIN D/O. LT. KHABIR UDDIN @ KHABUR UDDIN ALI 6:CHAFIYA @ SUFIA KHATUN W/O. BARHAN @ BARAHAN @ BARHAN ALI 7:BARHAN @ BARAHAN @ BARHAM ALI S/O. LT. CHAIJUDDIN @ SAIJUDDIN ALL ARE R/O. VILL.- KURIHAMARI P/O. BHANGNAMARI
Page No.# 2/4 P/S. SIALMARI DIST. NALBARI ASSAM PIN-781126. PRESENT ADDRESS- VILL. DHUPOLIA RAJIB GANDHI PATH P/S. GARCHUK DIST. KAMRUP (M) ASSAM PIN-781035. RESPONDENT 2 3 4 AND 5 BEING MINOR IS REP. BY THE RESPONDENT NO. 1. 8:PRAMOD SHARMA S/O. SRI RAM SHARMA R/O. B.C. SHARMA BUILDING ROOM NO. 101 2ND FLOOR H.B. ROAD MACHKHOWA P/S. BHARALUMUKH P/O. BHARALUMUKH DIST. KAMRUP (M) ASSAM PIN-781009. 9:BIJOY KR ROY S/O. BIDESI ROY R/O. MACHKHOWA H/NO. 05 WARD NO. 12 NEAR MACHKHOWA FUL BAGAN VILL.- HARISINGA P/S. BHARALUMUKH P/S. BHARALUMUKH DIST. KAMRUP METRO ASSAM-781009 Advocate for the Petitioner : MR T KALITA, MR. A KAKATI Advocate for the Respondent : FOR CAVEATOR, MD Y ALI,MR. I HAQUE
Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 08.03.2025 This is an appeal filed by the appellant-United India Insurance Company Ltd. (for short Insurance Company) against the judgment and award dated 04.12.2024 passed by the learned Member Motor Accident Claims Tribunal No.2, Kamrup (M) at Guwahati in MAC Case No. 2679/2023 whereby an award of Rs.29,00,000/- (Rupees Twenty Nine Laksh) was directed to be paid by the Insurance Company to the respondents-claimants. 2. Shri Swapan Maji - Regional Manager, Ms. Ila Kakati - Assistant Manager of the Insurance Company and the claimants along with their learned counsel, Shri I. Haque 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.28,50,000/- (Rupees Twenty Eight Lakhs Fifty Thousand) has been agreed upon. 4. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the amount of Rs.28,50,000/- (Rupees Twenty Eight Lakhs Fifty Thousand) being the full and final settlement before the Registry of this Court within a period of 45 days from today. 5. The manner of release of the aforesaid amount would be in the following terms:
Out of the aforesaid settled amount of Rs.28,50,000/-; i) Rs.4,00,000/- (Rupees Four Lakhs) each in the name of
Page No.# 4/4 the father and mother of the deceased; ii) Rs.10,50,000/- (Rupees Ten Lakhs Fifty Thousand) in the name of the widow of the deceased and iii) Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand) to each of the four children. The amounts which are to be paid to the children are to be made in the form of FD for a period of 3 years with a renewal clause in any nationalized bank. 6. The claimants would be at liberty to withdraw the aforesaid amount on being properly identified by their learned counsel. 7. 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