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2022 Latest Caselaw 2971 Gua

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GAHC010080412019




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

                          Case No. : MACApp./277/2021

         SHRI SHAHIDUR ISLAM AND 4 ORS
         S/O- LATE AZAD ALI SK, R/O- VILL.- KISMATHASDAHA PART-III, P.O.
         KISMATHASDAHA, P.S. AND DIST.- DHUBRI, ASSAM.

         2: SMTI. SHAHINA BEGUM
          D/O- LATE AZAD ALI SK
          R/O- VILL.- KISMATHASDAHA PART-III
          P.O. KISMATHASDAHA
          P.S. AND DIST.- DHUBRI
         ASSAM.

         3: SMTI. ELINA BEGUM
          D/O- LATE AZAD ALI SK
          R/O- VILL.- KISMATHASDAHA PART-III
          P.O. KISMATHASDAHA
          P.S. AND DIST.- DHUBRI
         ASSAM.

         4: SRI MOZIDUL ISLAM
          S/O- LATE AZAD ALI SK
          R/O- VILL.- KISMATHASDAHA PART-III
          P.O. KISMATHASDAHA
          P.S. AND DIST.- DHUBRI
         ASSAM.

         5: SMTI. SELIMA SULTANA
          D/O- LATE AZAD ALI SK
          R/O- VILL.- KISMATHASDAHA PART-III
          P.O. KISMATHASDAHA
          P.S. AND DIST.- DHUBRI
         ASSAM

         VERSUS
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             THE BAJAJ ALLIANZ, GENERAL INSURANCE CO. LTD AND 4 ORS
             - 2B, 2ND FLOOR, N.H. CENTRE POINT BUILDING, GUWAHATI SHILLONG
             ROAD, OPPOSITE BORA SERVICE STATION, ULUBARI, GUWAHATI-7.
             (INSURER OF THE VEHICLE NO. HR-55-H-5347 (TRUCK).

             2:THE NEW INDIA ASSURANCE CO. LTD.

             DIVISION BRANCH
             KAKATI BHAWAN
             1ST FLOOR
             BONGAIGAON
             ASSAM
             PIN- 783380. (INSURER OF THE VEHICLE NO. AS-17-B-3609 (AMBULANCE)

Advocate for the Petitioner   : MR. M S ALAM

Advocate for the Respondent : MR. A BHATTACHARYYA




                              BEFORE
             HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                        ORDER

13.08.2022 This is an appeal filed by the claimants against the judgment and award dated 22.05.2018 passed by the Motor Accidents Claims Tribunal (MACT) No. 3, Kamrup (M) in MAC Case No.1267/2015.

The Bajaj Alliance General Insurance Company Limited (for short Insurance Company) is represented by Shri Nayan Choudhury, Senior Executive Officer.

The claimants are represented by Shri S. Alom, the learned counsel.

The parties present before this Court jointly submit that the matter has been settled outside the Court and an amount of Rs.4,05,211/- (Rupees Four Lakh Five Thousand Two Hundred Eleven) as full and final settlement has been agreed. It is submitted that during the pendency of this appeal, an amount of Page No.# 3/3

Rs.2,05,211/- (Rupees Two Lakh Five Thousand Two Hundred Eleven) has already been paid.

In view of the above, the appeal stands closed with a direction that the Insurance Company shall now deposit the balance amount of Rs.2,00,000/- (Rupees Two Lakh), being the full and final settlement before the Registry of this Court within a period of 45 days from today. The balance amount be released in the name of the claimant no. 1 and the amount would be released to the claimant on being properly identified by the learned counsel for the claimant.

A memo of settlement is made a part of the record.

The MAC Appeal accordingly stands disposed of.

JUDGE

Comparing Assistant