Md. Rakmat Ali @ Rahmat Ali vs Sri Raj Kishore Parbat And 2 Ors
2022 Latest Caselaw 2977 Gua

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GAHC010116062019




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

                                Case No. : MACApp./503/2019

            MD. RAKMAT ALI @ RAHMAT ALI
            S/O- MD. EYASIN ALI, R/O- VILL.- BARPETA NEAR MEDICAL COLLEGE
            HOSPITAL, P.O. AND P.S. BARPETA, DIST.- BARPETA, ASSAM, PIN- 781302.



            VERSUS

            SRI RAJ KISHORE PARBAT AND 2 ORS.
            S/O- LAXMAN PARBAT, R/O- VILL.- BENGALIBASTI, BAKRAPARA,
            BASISTHA, P.S. BASISTHA, GUWAHATI-29, DIST.- KAMRUP(M), ASSAM.
            (OWNER OF THE VEHICLE NO. AS-01/EC-0177).

            2:SRI DILIP CHANDRA ROY
             S/O- DINA NATH ROY
             R/O- VILL.- KADAR
             P.S. AND DIST.- DHUBRI
            ASSAM. (DRIVER OF THE VEHICLE NO. AS-01/EC-0177).

            3:M/S NEW INDIA ASSURANCE CO. LTD.

             REP. BY THE CHIEF REGIONAL MANAGER
             STAR CITY COMPLEX
             FIFTH FLOOR
             NEAR HANUMAN MANDIR
             LACHIT NAGAR
             GUWAHATI-7
             DIST.- KAMRUP(M)
             ASSAM. (INSURER OF THE VEHICLE NO. AS-01/EC-0177)

Advocate for the Petitioner   : MR. S MUKTAR

Advocate for the Respondent : MR. K K BHATTA
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                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                           ORDER

13.08.2022 This is an appeal filed by the claimant against the judgment and award dated 26.02.2019 passed by the Motor Accidents Claims Tribunal No.2, Kamrup (M) in MAC Case No.1506/2016 praying for enhancement of the award of Rs.1,45,908/-, as compensation, for the death in a motor vehicular accident.

The New India Assurance Company Limited (for short Insurance Company) is represented by Shri SK Hansi, Regional Manager. Md. Rakmat Ali @ Rahmat Ali, 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.75,000/- (Rupees Seventy Five Thousand) as full and final settlement has been agreed upon over and above the awarded amount of Rs.1,45,908/- (Rupees One Lakh Forty Five Thousand Nine Hundred and Eight).

In view of the above, the appeal stands closed with a direction that the Insurance Company shall now deposit the additional amount of Rs.75,000/- (Rupees Seventy Five Thousand) being the full and final settlement before the Registry of this Court within a 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