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2025 DAILYLAW 9181 (GAU)

SHRIRAM GENERAL INSURANCE CO LTD v. PANKAJ BORAH AND ANR

I.A.(Civil)/796/2025 · 2025-04-03

Robin Phukan

body2025

Judgment text

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Page No.# 1/4 GAHC010054162025 2025:GAU-AS:4179 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/796/2025 SHRIRAM GENERAL INSURANCE CO LTD 0500-E/8 RIICO INDUSTRIAL AREA SITAPURA JAIPUR RAJASTHAN 302022 AND HAVING A BRANCH OFFICE AT B R ARCADE 3RD FLOOR, 21 VERSUS PANKAJ BORAH AND ANR S/O GOPAL BORAH R/O VILL DARIGOJI PS KALIABOR DIST NAGAON ASSAM PIN 782136 2:ANANTA HAZARIKA S/O LATE UMARAM HAZARIKA VILL.- BORBHUGIA P.S.- ULOWANI DIST.- NAGAON ASSAM PIN- 782138 Advocate for the Petitioner : MONDAKINI SAIKIA, MR S K BEHARA,MS. P BORTHAKUR Advocate for the Respondent : MR R BARUAH, Linked Case : MACApp./6/2024 SHRIRAM GENERAL INSURANCE CO. LTD 0500-E/8 RIICO INDUSTRIAL AREA SITAPURA JAIPUR Page No.# 2/4 RAJASTHAN- 302022 AND HAVING A BRANCH OFFICE AT B.R ARCADE 3RD FLOOR 21 JANAPATH ULUBARI GUWAHATI- 780507. VERSUS PANKAJ BORAH AND ANR. S/O SRI GOPAL BORAH VILL.- DARIGOJI P.S.- KALIABOR DIST.- NAGAON ASSAM PIN- 782136. 2:ANANTA HAZARIKA S/O LATE UMARAM HAZARIKA VILL.- BORBHUGIA P.S.- ULOWANI DIST.- NAGAON ASSAM PIN- 782138. ------------ Advocate for : MR. R GOSWAMI Advocate for : MR A BHARALI (r-2) appearing for PANKAJ BORAH AND ANR. BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 04.04.2025 Heard Mr. R. Goswami, learned counsel for the applicant and Mr. R. Baruah, learned counsel for the Opposite Party No.1 This interlocutory application is preferred jointly for compromising the Page No.# 3/4 appeal, being MAC Case No. 6/2024, pending before this Court. Mr. Goswami, learned counsel for the applicant submits that MAC Case No. 6/2024 was disposed of by the learned Member, MACT, Kamrup (M) Guwahati directing the applicant/appellant having to pay a sum of Rs.15,51,746/- being compensation, with interest at the rate of 9% per annum from the date of filing the claim petition, to the opposite party/respondent. Mr. Goswami, also submits that during the pendency of the appeal, both the parties have arrived at a settlement and the applicant/appellant has agreed to pay a sum of Rs. Rs.15,51,746/- to the opposite party/respondent No.1 and 50% of the aforesaid amount has already been deposited before the Registry of this Court and therefore, Mr. Goswami, has contended to allow this application. Mr. Baruah, learned counsel for the respondent/opposite party No.1 submits that the matter has been settled amicably between the parties and as such, this application may be allowed. Taking note of the submission of learned counsel for both the parties, this Court is inclined to allow this application. The applicant/appellant, i.e. Shriram General Insurance Co. Ltd. is directed to pay the remaining amount of Rs. 7,75,873/- directly in the account of the Opposite Party No. 1 by NEFT. Mr. Baruah, submits that the amount deposited before the Registry of this Court may be allowed to be withdrawn by the respondent/Opposite Party.1. Mr. Goswami, also submits that the applicant herein may be allowed to withdraw the statutory deposit made at the time of fling the appeal. Prayer is allowed. Page No.# 4/4 The statutory amount shall be released in favour of the appellant. JUDGE Comparing Assistant