Gauhati High Court
Mihir Gautam Babloo Das vs Sri Dilip Kumar Nath And 3 Ors on 10 April, 2021
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GAHC010059252019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./249/2019
MIHIR GAUTAM BABLOO DAS
S/O- LATE G.R. DAS, RIVERVIEW, KOLIBARI TEZPUR, SONITPUR, ASSAM,
PIN- 784001.
VERSUS
SRI DILIP KUMAR NATH AND 3 ORS.
S/O- LATE S.R. NATH,
R/O- VILL.- KALIBARI, P.O. NOWKATA, KAMRUP, ASSAM. (DRIVER OF THE
DEFENDING VEHICLE).
2:SMTI. DHARITRI LAHKAR
W/O- SRI SATYAJIT DAS
R/O- RUPNAGAR
WARD NO. 3
P.O. AND P.S. UDALGURI
DIST.- UDALGURI (BTAD)
ASSAM (OWNER OF THE OFFENDING VEHICLE).
3:NEW INDIA ASSURANCE COMPANY LTD.
1215
12TH FLOOR
NAURANG HOUSE
21
KASTURBA GANDHI MARG
NEW DELHI- 110001. (POLICY CO. 31260031130101371950 VALID UPTO MID
NIGHT OF 25.02.2015)
Advocate for the Petitioner : MR. P S DEKA
Advocate for the Respondent : MR. N P BARUAH
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BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
Date : 10-04-2021
This is an appeal filed by the appellant-claimant against the judgment and award dated
14.12.2018 passed by the Motor Accident Claims Tribunal, Sonitpur at Tezpur (for short MACT,
Sonitpur) in MAC Case No.1/2016(D) praying for enhancement of the awarded amount of
Rs.80,000/-.
At the outset, Shri BK Bhagawati, learned counsel for the appellant submits that due to
the medical condition of the appellant, who is in Hospital, he is not being able to personally
present. However, he has authorized his son Shri Sonam Das to represent himself, who is
present before us.
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.
The parties present before this Court jointly submit that the they have reached at a
final settlement for payment of an additional amount of Rs.11,00,000/- as full and final
settlement over and above the awarded amount of Rs.80,000/-.
It is submitted that the awarded amount of Rs.80,000/- is yet to be deposited by the
Insurance Company.
In view of the above, the appeal stands closed with a direction that the Insurance
Company shall now deposit the additional amount of Rs.11,00,000/-, being the full and final
settlement before the Registry of this Court within a period of 6 weeks from today.
It is clarified that the award is now modified at Rs.11,80,000/- which would be the full
and final amount.
Since the appellant is in Hospital and financially disturbed, the amount in question be
transferred to his Bank account through NEFT by the Insurance Company.
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The Bank details would be provided to the Insurance Company by the authorized
representative of the appellant within a week from today.
The Insurance Company shall make the payment within a period of three week from
the date of receipt of the Bank details.
The authorization letter dated 10.04.2021 is made part of the records.
The MAC Appeal stand disposed of.
JUDGE
Comparing Assistant
