Gauhati High Court
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GAHC010026352015
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A./2452/2015
MRS. BISHAKHA DAS and 3 ORS,
W/O LATE BARDHAN DAS
2: MS. SUPRIYA DAS
D/O LATE BARDHAN DAS
3: MST. BISWAJIT DAS
S/O LATE BARDHAN DAS
4: MST TUSHAR DAS
S/O LATE BARDHAN DAS
ALL ARE PERMANENT R/O VILL. BOLKA
P.O. BAROBISHA
DIST. JALPAIGURI
WEST BENGAL AND PETITIONER NOS. 2 TO 4 BEING MINOR ARE
REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN MRS.
BISHAKHA DAS I.E. PETITIONER NO.
VERSUS
M/S NETWORK TRAVELS and 5 ORS,
PALTAN BAZAR, GUWAHATI 781008, ASSAM OWNER OF THE VEHICLE NO.
AR-04-3377 BUS
2:BHAVESH CH. RAVA
S/O GANDHI RAM RAVA
VILL. CHANDA
P.O. SIMLA
DIST. KAMRUP
ASSAM DRIVER OF THE VEHICLE NO. AR-04-3377
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3:REGIONAL MANAGER
NEW INDIA ASSURANCE CO. LTD. OPPOSITE RAJIB BHAWAN
A.B.C.
G.S. ROAD
GUWAHATI 781005 INSURER OF THE VEHICLE NO. AR-04-3377
4:SUBHASH MANDAL
S/O LATE NARENDRA MANDAL
BAROBISHA
DAKHIN RAMPUR
N.R. GIRLS HIGH SCHOOL
P.S. and DIST. JALPAIGURI 736207
WEST BENGAL OWNER OF THE VEHICLE NO. WB-69-5907
5:MANAGER LEGAL
TATA AIG GENERAL INS. CO. LTD. MAYUR GARDEN
NEAR ABC BUS STOP
G.S. ROAD
GUWAHATI 781005 INSURER OF THE VEHICLE NO. WB-69-5907
6:SMTI NOMITA DAS
W/O SRI HIMANGSHU M. DAS
VILL. VOLKA
P.O. and P.S. BAROBISHA
DIST. JALPAIGURI W.B
Advocate for the Petitioner : MR.S K SANGANERIA
Advocate for the Respondent : MS.P BORTHAKURR-5
Linked Case :
MRS. BISHAKHA DAS and 3 ORS
VERSUS
M/S NETWORK TRAVELS and 5 ORS
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Advocate for :
Advocate for : appearing for M/S NETWORK TRAVELS and 5 ORS
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
10.04.2021
This is an appeal filed by the appellants-claimants against the judgment and award
dated 24.03.2015 passed by the Motor Accidents Claims Tribunal No.3, Kamrup (M) (for short
MACT, Kamrup) in MAC Case No.23/2014 praying for enhancement of the award of
Rs.10,42,600/-.
At the outset, Shri N Bhatra, learned counsel for the appellants-claimants submits that
the appellant-claimant No.1, Ms. Bishakha Das, who is a resident of West Bengal, is not in a
position to be personally present in today's Lok Adalat and has, in this regard, issued an
authority letter authorizing Shri SK Sanganeria, Advocate to appear on her behalf. Shri
Sanganeria, learned counsel is present.
Though normally the presence of the parties is mandatory for a settlement,
considering that this matter has been pre-settled, such authorization is allowed.
Shri J Gupta, Regional Manager as well as Ms. H Haflongbar, Assistant Manager, New
India Assurance Company Ltd. (Insurance Company) are present today i.e., 10.04.2021 in
the National Lok Adalat.
Shri Gupta, Regional Manager submits that the matter has been settled outside the
Court and an additional amount of Rs.5,75,000/- as full and final settlement has been agreed
upon over and above the awarded amount of Rs.10,42,600/- which has already been
satisfied.
In view of the above, the appeal stands closed with a direction that the Insurance
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Company shall now deposit the additional amount of Rs.5,75,000/- being the full and final
settlement before the Registry of this Court within a period of 6 weeks from today. The
additional amount would be released to the appellants-claimants on being properly identified
by the learned counsel for the appellants-claimants.
Both the Interlocutory Application and the MAC Appeal stand disposed of.
The authorization letter issued by the appellant, Ms. Bishakha Das is made a part of
the records.
JUDGE
Comparing Assistant
