Gauhati High Court
MACApp./70/2021 of NEW INDIA ASSURANCE COMPANY LTD. Vs AZIZUR RAHMAN BARBHUIYA @ AZIZUR RAHMAN AND 3 ORS. on 11 September 2026
GAHC010041382021 2026:GAU-AS:13572 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./70/2021 NEW INDIA ASSURANCE COMPANY LTD. HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE BUILDING, 87, MAHATMA GANDHI ROAD, FORT, MUMBAI-
GAHC010041382021
2026:GAU-AS:13572
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./70/2021
NEW INDIA ASSURANCE COMPANY LTD.
HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE
BUILDING, 87, MAHATMA GANDHI ROAD, FORT, MUMBAI- 400001 AND
REGIONAL OFFICE AT G.S. ROAD, GUWAHATI-5, REP. BY THE CHIEF
REGIONAL MANAGER.
VERSUS
AZIZUR RAHMAN BARBHUIYA @ AZIZUR RAHMAN AND 3 ORS.
S/O- LATE MACHADDAR ALI BARBHIYA, R/O- VILL.- HAWAITHANG, P.O.
LAILAPUR, P.S. DHOLAI, DIST.- CACHAR, ASSAM.
2:RINA BEGUM @ RINA BEGUM BARBHUIYA
W/O- AZIZUR RAHMAN @ AZIZUR RAHMAN BARBHUIYA
R/O- VILL.- HAWAITHANG
P.O. LAILAPUR
P.S. DHOLAI
DIST.- CACHAR
ASSAM.
3:MEHBUBA BEGUM BARBHUIYA
D/O- AZIZUR RAHMAN @ AZIZUR RAHMAN BARBHUIYA
R/O- VILL.- HAWAITHANG
P.O. LAILAPUR
P.S. DHOLAI
DIST.- CACHAR
ASSAM
Advocate for the Petitioner : MR SISHIR DUTTA, MR S DUTTA,MR. S DUTTA
Advocate for the Respondent : B SARMA (R-2,3), MR. M TALUKDAR (R-2,3)
BEFORE
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
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ORDER
12.09.2026 Mrs. R. B. Barbhuiya, the claimant No. 2, is present along with Mr. M. Talukdar, learned counsel. Ms. Hena Haflongbar, authorized legal representative of the New India Assurance Company Limited. The claimant No.2 has produced a power of attorney executed by the claimant No.3, who is also her daughter, authorizing the claimant No.2 to take legal steps as required for finalizing the settlement arrived at between the insurer company and the two claimants. The records also revealed that the claimant No.1 was not held to be entitled to any compensation. The authorized representative of the insurer company has submitted that they settled the claim at a total compensation award of Rs.27,00,000/- against an award of Rs.22,98,000/- given by the learned Tribunal. In view of the settlement arrived at between the parties and since the appeal had been initiated by the insurer company, this MAC Appeal stands closed on settlement having been arrived at between the insurer company and the claimant Nos. 2 & 3. The insurance company shall now deposit a sum of Rs.27,00,000/- to the
Registry of this Court, which shall be released to the claimant No. 2 and 3/respondent No.2 and 3 of the instant appeal, as per the notification No.43 of 26.06.2020, The statutory deposit of Rs.25,000/- made by the insurance company shall be refunded as per procedure. Accordingly, this MAC Appeal is closed on settlement. TCR to be returned. A copy of the settlement shall be kept on record. JUDGE Comparing Assistant