Page No.# 1/3 vs Sri Upendra Borgohain And 2 Ors
2021 Latest Caselaw 319 Gua

                                                              Page No.# 1/3

GAHC010189712020




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




          MACApp./716/2018

         SMTI PREMA CHUTIA CHETIA @ PREMA CHUTIA GOGOI AND ANR
         W/O LATE NITYANANDA CHETIA (MOTHER OF THE DECEASED)
         RESIDENT OF VILLAGE KODOMONI
         SOUTH KHALIHAMARI
         PRAGATI PATH
         PS DIBRUGARH
         ASSAM

         2: MISS MITHU CHETIA
         D/O LATE NITYANANDA CHETIA (UNMARRIED SISTER OF THE DECEASED)
         RESIDENT OF VILLAGE KODOMONI
          SOUTH KHALIHAMARI
          PRAGATI PATH
         PS DIBRUGARH
         ASSAM
         VERSUS

         SRI UPENDRA BORGOHAIN AND 2 ORS
         S/O SRI P BORGOHAIN
         R/O VILLAGE MAHPUWALIMORA
         MAHONAGHAT PS BARBARUAH DIST DIBRUGARH
         ASSAM 786007
         OWNER OF THE VEHICLE NO. AS 06/AC-2567

         2:SRI BIJOY CHANDRA
         S/O LATE HARILAL CHANDRA
         R/O VILL KADAMONI KALIBARI ROAD
          PS AND DIST DIBRUGARH
         ASSAM 786001
                                                                             Page No.# 2/3

           DRIVER OF VEHICLE NO. AS-06/AC-2567
            3:NATIONAL INSURANCE CO. LTD.
           REPRESENTED BY THE CHIEF REGIONAL MANAGER REGIONAL OFFICE AT
           GS ROAD
            BHANGAGARH
            GUWAHATI
            DIST KAMRUP METRO
            ASSAM
           781005
           INSURER OF VEHICLE NO. AS-06/AC-2567
           POLICY NO 200301/31/12/6300003784
           VALID FROM 15.12.2012 TO 14.12.2013
            ------------
            Advocate for : MR D MONDAL
           Advocate for : MR. R K BHATRA (R3) appearing for SRI UPENDRA BORGOHAIN
           AND 2 ORS



                                    BEFORE
                    HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                      JUDGMENT

Date : 01-02-2021

Heard Mr. D. Mondal, the learned counsel appearing for the appellants and Mr. R.K. Bhatra, learned counsel for the opposite party no. 3, the National Insurance Company Limited.

In terms of the order passed in I.A.(Civil) 2304/2020, this Court has accepted the compromise between the appellants and the respondent no.3.

In this regard, the learned counsel for the respondent no. 3 has produced an communication dated 11.09.2020 and enclosed therewith is the original consent memo dated 16.08.2020, by virtue of which the appellant no.1 and the respondent no. 3 have agreed to settle all the claims of the said appellant no. 1 for enhanced compensation amount of Rs.10,25,000/- over and above the payments already made so far to the appellants in connection with award passed in MAC Appeal No. 2304 of 2013 by the learned Member, MACT-cum-Additional District Judge No.3 (FTC), Kamrup (M), Guwahati. The said communication dated 11.09.2020 along with the original consent memo dated 16.08.2020 is Page No.# 3/3

kept as a part of record. The consent memo dated 18.06.2020 shall form a part of this order and shall be marked with letter 'X'.

The enhanced compensation amount shall be paid by the respondent no. 3 to the appellant no.1 within outer limit period of 6 (six) weeks from today. In this regard the appellant no. 1 shall provide her bank account details.

This compromise is only vis-a-vis the appellant no. 1 and the respondent no. 3. Therefore, the appeal would survive in so far as the claim for appellant no. 2, if any, is concerned.

The respondent no. 3 shall honour this compromise and make necessary payment to the appellant no. 1. As the claim of the appellant no. 1 is satisfied, the name of the appellant no. 1, namely, Prema Chutia Chetia @ Prema Chutia Gogoi shall be struck off from the memo of appeal as she has abandoned her claim as per the terms of settlement. The Registry shall strike out the name of appellant no. 1.

List after 6 (six) weeks.

JUDGE

Comparing Assistant