Motor Appellant preferred against Motor Award of Rs.30L by Member. Settled at additional Rs.19.2L. Petitioner directed to pay claimant.
Insurance Company directed to pay additional Rs.19,20,000 to claimant within 30 days of receiving bank details.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC010025762016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp. 247/2016
1:NEW INDIA ASSURANCE CO. LTD
HAVING ITS REGISTERED OFFICE AT NEW ASSURANCE BUILDING 87, MAHATMA GANDHI ROAD, MUMBAI AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI-5, ASSAM.
VERSUS
1:SMTI DIPALI BORDOLOI BORAH and 4 ORS W/O LATE DAMBARUDHAR BORAH, R/O VILL. LATHABORI, P.S.MORIGAON, DIST. MORIGAON, ASSAM-782105
2:MISS GITANJALEE BORAH D/O LATE DAMBARUDHAR BORAH R/O VILL. LATHABORI P.S. MORIGAON DIST. MORIGAON ASSAM-782105
3:MISS HIMADRI BORAH D/O LATE DAMBARUDHAR BORAH R/O VILL. LATHABORI P.S. MORIGAON DIST. MORIGAON ASSAM-782105
4:ASHIM KUMAR BORAH S/O LATE DAMBARUDHAR BORAH R/O VILL. LATHABORI P.S. MORIGAON DIST. MORIGAON ASSAM-782105
5:MR. KINARAM KALITA S/O MR. THAGIRAM KALITA
Page No.# 2/3
R/O VILL. RAIDONGIA P.O. AIBHATI P.S. JAJORI DIST. NAGAON ASSAM-78212
Advocate for the Petitioner : MR.A TALUKDAR
Advocate for the Respondent :
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 08-02-2020
Heard Dr. Jitendra Gupta, Regional Manager, for the New India National Assurance Company Limited.
The respondent-claimant, namely, Smti. Dipali Bordoloi Borah is present along with learned counsel.
This is an appeal preferred by the New India Assurance Company Limited in favour of the claimant against the award of Rs.30,80,342/- in passed by the learned Member, Motor Accident Claims Tribunal, Morigaon at Morigaon by judgment and award dated 17.05.2016 in MAC Case No. 15/2015.
The appeal has been preferred seeking interference with the award on the grounds and reasons mentioned in the appeal.
The claim is settled at an additional amount of Rs. 19,20,000(Rupees Nineteen Lakh Twenty Thousand Only) in the present of the claimant and the representative of the Insurance Company. It is submitted that, Rs.15,14,171 (Rupees Fifteen Lakh Fourteen thousand and One Hundred Seventy One) has already been paid to the
Page No.# 3/3
claimant.
In terms of the settlement, the Insurance Company is directed to pay an amount of Rs. 19,20,000(Rupees Nineteen Lakh Twenty Thousand Only) within a period of 30(thirty) days from the date of receipt of the bank details which is submitted by the claimant.
The claimant is permitted to furnish the bank details within 10(the) days from the date of the order.
The Appeal is disposed of.
Send back the LCR.
JUDGE
Comparing Assistant
New India Assurance Co. Ltd
Smti Dipali Bordoloi Borah and 4 ORS
Soumitra Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
