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2022 Latest Caselaw 1644 Gua

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GAHC010153662019




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

                                Case No. : MACApp./422/2019

            SRI DIMBESWAR CHINTEY @ DIMBE AND 2 ORS.
            S/O- LATE MUKTINATH CHINTEY, R/O- VILL.- DORGEGAON, P.S.
            BAGINADHI, DIST.- NORTH LAKHIMPUR, ASSAM.

            2: MISS KABITA CHINTEY
             D/O- SRI DIMBESWAR CHINTEY @ DIMBE
             R/O- VILL.- DORGEGAON
             P.S. BAGINADHI
             DIST.- NORTH LAKHIMPUR
            ASSAM.

            3: SRI BABUL CHINTEY
             S/O- SRI DIMBESWAR CHINTEY @ DIMBE
             R/O- VILL.- DORGEGAON
             P.S. BAGINADHI
             DIST.- NORTH LAKHIMPUR
            ASSAM

            VERSUS

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            3:THE SR. DIVISIONAL MANAGER

             M/S. NATIONAL INSURANCE COMPANY LTD.
             DIVISION OFFICE
             BHANGAGARH
             GUWAHATI- 781005
             DIST.- KAMRUP(M)
             ASSAM
             REP. BY ITS REGIONAL MANAGER. (INSURER OF THE VEHICLE)

Advocate for the Petitioner   : MR D MONDAL
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Advocate for the Respondent : MR. A J SAIKIA




                                  BEFORE
                 HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

14.05.2022 This appeal has been filed by the appellant-claimant under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 21.05.2019 passed by the learned Member, Motor Accident Claims Tribunal (MACT) No. 2, Kamrup, Guwahati in MAC Case No. 1728/2016 praying for enhancement of the award of Rs. 8,00,000/-.

Shri Debajit Sarkar, Assistant Manager as well as Shri Biswa Jyoti Bora, Administrative Officer, Legal, National Insurance Company Ltd. (for short referred to as Insurance Company) are present today i.e., 14.05.2022 in the National Lok Adalat. The claimant-Shri Dimbeswar Chintey @ dimbe is also present along with his learned Counsel, Shri D Mondal.

It is submitted that the awarded amount of Rs.80,000/- which was deposited by the Insurance Company has not been withdrawn by the appellant-claimant.

The parties present before this Court jointly submit that they have agreed to settle the matter on payment of an amount of Rs.15,00,000/- as full and final settlement.

In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit an additional amount of Rs.14,20,000/- being the full and final settlement before the learned MACT No.2, Kamrup at Guwahati within a period of 45 days from today.

The claimant would be at liberty to withdraw the total awarded amount of Rs. 15,00,000/- on being properly identified by her learned Counsel.

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The motor accident claim appeal stands disposed of.

JUDGE

Comparing Assistant