Disposed

M/S New India Assurance Co. Ltd. v. Smti Sabitri Nath and 2 Ors.

Gauhati HC8 Mar 2024MACApp./141/2016

Case brief

AI extract

What is this about?

Insurance appeal against a MACT award of Rs.12,16,500 with interest. Parties settled in National Lok Adalat for Rs.14,87,358 inclusive of interest, subject to TDS. Court directed deposit of the balance and refund of statutory deposit.

What did the court decide?

Appeal closed on settlement; insurer directed to deposit balance Rs.4,87,358 (after TDS) within 45 days; claimant allowed to withdraw; statutory deposit of Rs.25,000 refunded to insurer.

M/S New India Assurance Co. Ltd. Vs Smti Sabitri Nath… — Motor Accident Claims | Gauhati HC (2024)

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GAHC010017452016

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : MACApp./141/2016

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M/S NEW INDIA ASSURANCE CO. LTD

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HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING 87, MAHATMA GANDHI ROAD, FORT, MUMBAI 400001 WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI-5, REPRESENTED BY ITS CHIEF REGIONAL MANAGER

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VERSUS

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SMTI SABITRI NATH and 2 ORS

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W/O SRI JAGAT CH. NATH, VILL. BORDALGURI BORBAKARA, P.S. and P.O. SIPAJHAR-784145, DIST. DARRANG, ASSAM.

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2:BARUN BARUAH

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S/O A. BARUAH VILL. and P.O. BALIPARA T.E. LOKRA 784101 DIST. SONITPUR ASSAM DRIVER OF THE VEHICLE NO. AS-12/E-2491 BOLERO SL

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Advocate for the Petitioner : MS.S DAS

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Advocate for the Respondent : MR.R P ROY

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

ORDER

09.03.2024

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This is an appeal filed by the appellant- New India Assurance Co. Ltd. (for short Insurance Company) against the judgment and award dated 15.05.2015 passed by the learned Member, MACT No.2, Guwahati in MAC Case No.147/2012 whereby an amount of Rs.12,16,500/- along with 6% interest, as compensation, was directed to be paid by the appellant-Insurance Company to the claimantsrespondents. It has been informed that Rs.10,00,000/- has been deposited by the Insurance Company.

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Ms. Hena Haflongbar, Assistant Manager of the New India Assurance Company Ltd. and the claimant No. 1- Sabitri Nath along with her counsel, Shri RP Roy are present today i.e., 09.03.2024 in the National Lok Adalat.

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The parties present before this Court jointly submit that the matter has been settled outside the Court and a total amount of Rs.14,87,358/- (Rupees fourteen lakh, eighty seven thousand and three hundred fifty eight) (inclusive interest component) as full and final settlement has been agreed upon. The aforesaid interest component would however be subjected to necessary TDS.

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In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the balance amount of Rs.4,87,358/- (Rupees four lakh, eighty seven thousand and three hundred fifty eight) (after deduction of TDS) being the full and final settlement before the Registry of this Court within a period of 45 days from today.

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The claimant would be at liberty to withdraw the aforesaid amount of Rs.14,87,358/- (Rupees fourteen lakh, eighty seven thousand and three hundred fifty eight) (after deduction of TDS) on being properly identified by her learned counsel.

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The statutory deposit of Rs.25,000/- made by the Insurance Company at

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the time of filing of the appeal would be refunded by the Registry of this Court to the Insurance Company within the said period of 30 days.

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The MAC appeal is accordingly disposed of.

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Send back the LCR.

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JUDGE

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Comparing Assistant

M/S New India Assurance Co. Ltd. v. Smti Sabitri Nath and 2 Ors.

Case brief

What is this about?

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M/S New India Assurance Co. Ltd. v. Smti Sabitri Nath and 2 Ors.

Case brief

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What the court decided

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