Gauhati High Court
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GAHC010097252020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./186/2020
DAKHILA RABHA AND 3 ORS
W/O MITHUN RABHA, R/O VILL. GAMERIMURA, P.S. BOKO 781123, DIST.
KAMRUP (ASSAM)
2: RENU BALA RABHA
W/O KANIA RABHA
R/O VILL. GAMERIMURA
P.S. BOKO 781123
DIST. KAMRUP (ASSAM)
3: KARISHMA RABHA
D/O LATE KANIA RABHA
R/O VILL. GAMERIMURA
P.S. BOKO 781123
DIST. KAMRUP (ASSAM)
4: MAHENDRA RABHA
S/O LATE KANIA RABH
R/O VILL. GAMERIMURA
P.S. BOKO 781123
DIST. KAMRUP (ASSAM) (APPELLANT NO. 3 AND 4 ARE MINOR HENCE
REPRESENTED BY THEIR MOTHER APPELLANT NO. 2
VERSUS
NATIONAL INSURANCE COMPANY LIMITED AND 2 ORS
REPRESENTED BY ITS REGIONAL MANAGER, G.S. RD, BHANGAGARH,
GUWAHATI 781005 (ASSAM)
2:KONGKHAM TOMBA SINGH
S/O LATE K. JEMON SINGH
PRASANT APARTMENT
FLAT NO. 202 A.M. ROAD
PALTAN BAZAR
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P.O. PALTAN BAZAR 781008
DIST. KAMRUP (M)
ASSAM.
3:SALAM NAOCHA SINGH
S/O SALAM MANGLEMBA SINGH
VILL. SEKMAIJIN KHUNU
P.O. HIYANGLAM 795103
DIST. THOUBAL (MANIPUR
Advocate for the Petitioner : MR. A R AGARWALA
Advocate for the Respondent : MR G S BORO
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 25.02.2019 passed
by the learned Member, Motor Accident Claims Tribunal (MACT) No.2, Kamrup in MAC
Case No. 2867/2015 praying for enhancement of the award of Rs. 15,29,200/-.
Shri Debajit Sarkar, Assistant Manager and 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-
Smt. Dakhila Rabha is also present along with her learned Counsel, Shri AR Agarwala.
It is submitted that the awarded amount of Rs. 15,29,200/- has already been
received by the applicant.
The claimant has sought for an enhancement of Rs.4,00,000/- in addition to the
awarded amount, amongst others on the ground of last proved monthly income as per
Ext.13 and increase in the conventional heads with 10% increment.
The parties present before this Court after discussion jointly submit that they
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have agreed to settle the matter on payment of an additional amount of Rs.1,70,000/-
as full and final settlement over and above the awarded amount of Rs. 15,29,200/-
which has already been satisfied.
In view of the above, the appeal stands closed with a direction that the
Insurance Company shall deposit an additional amount of Rs.1,70,000/- being the full
and final settlement before the Registry of this Court within a period of 45 days from
today and the same shall be released to the claimant without any condition.
The claimant would be at liberty to withdraw the amount on being properly
identified by her learned Counsel.
The motor accident claim appeal stands disposed of.
JUDGE
Comparing Assistant
