Page No.# 1/3 vs New India Assurance Company ...
2022 Latest Caselaw 2976 Gua

                                                                        Page No.# 1/3

GAHC010167302019




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

                          Case No. : MACApp./569/2019

         SALEHA KHATUN AND 2 ORS
         W/O LT. ISKAR ALI, R/O VILL. MAIRAJHAR, P.O. MAIRAJHAR, P.S.
         GOBORDHAN, DIST. BAKSHA, ASSAM, PIN-781315

         2: AYASHA KHATUN
         W/O LT. ABDUL LATIF
          R/O VILL. MAIRAJHAR
          P.O. MAIRAJHAR
          P.S. GOBORDHAN
          DIST. BAKSHA
         ASSAM
          PIN-781315

         3: SHAHAR ALI
          (MINOR) HE IS REP. BY HIS MOTHER SALEHA KHATUN
         THE APPELLANT NO. 1.R/O VILL. MAIRAJHAR
          P.O. MAIRAJHAR
          P.S. GOBORDHAN
          DIST. BAKSHA
         ASSAM
          PIN-78131

         VERSUS

         NEW INDIA ASSURANCE COMPANY LIMITED AND 2 ORS
         REP. BY DIVISIONAL MANAGER, BONGAIGAON DIVISION, P.O. AND DIST.
         BONGAIGAON, ASSAM (INSURER OF THE VEHICLE NO. AS-01-CC-3060)
         (PICK UP), PIN-783380

         2:HASAN ALI
          S/O ALI AGBOR
         VILL. BILASHIPARA PATHAR
          P.O. BILASHIPARA
          BAZAR
                                                                                  Page No.# 2/3

             BARPETA ROAD
             P.S. BARPETA
             DIST. BARPETA
            ASSAM (OWNER OF THE VEHICLE NO. AS-01-CC-3060 (PICK UP) PIN-
            781315

            3:AZHAR UDDIN
             S/O MUKSED ALI
            VILL. JAKLIBIL PATHAR
             P.O. MIRAJHAR PATHAR
             PS. BARPETA
             DIST. BARPETA
            ASSAM
             (DRIVER OF THE VEHICLE NO. AS-01-CC-3060 (PICK UP) PIN-78131

Advocate for the Petitioner   : MR. S RAHMAN

Advocate for the Respondent : MR A N IQBAL




                                   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 28.11.2018 passed by the Motor Accidents Claims Tribunal, Goalpara in MAC Case No.188/2016 praying for enhancement of the award as compensation.

The New India Assurance Company Limited (for short Insurance Company) is represented by Shri SK Hansi, Regional Manager. Saleha Khatun, the claimant is present in person.

The parties present before this Court jointly submit that the matter has been settled outside the Court and an additional amount of Rs.5,50,000/- (Rupees Five Lakh and Fifty Thousand) as full and final settlement has been agreed.

In view of the above, the appeal stands closed with a direction that the Insurance Company shall now deposit the additional amount of Rs.5,50,000/- (Rupees Five Lakh and Fifty Thousand) being the full and final settlement before the Registry of this Court within a Page No.# 3/3

period of 45 days from today. The said 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 stands disposed of.

JUDGE

Comparing Assistant