Monika Gogoi vs The Branch Manager
2022 Latest Caselaw 1657 Gua

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GAHC010149212021




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

                                Case No. : MACApp./242/2021

              MONIKA GOGOI
              W/O- LATE SHYAM CHANDRA GOGOI, R/O- VILL- NA-ALI MAJGAON, P.O.
              NA-ALI, P.S. BOGINADI, DIST.- LAKHIMPUR, ASSAM



              VERSUS

              THE BRANCH MANAGER
              NATIONAL INSURANCE CO. LTD., G.S. ROAD, CHRISTIANBASTI,
              GUWAHATI, ASSAM



Advocate for the Petitioner   : B R DAS

Advocate for the Respondent : MR. R GOSWAMI (r-1)




                                   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 28.11.2014 passed by the learned Member, Motor Accident Claims Tribunal (MACT), Lakhimpur at North Lakhimpur in MACT Case No. 53/2012 praying for enhancement of the award of Rs. 5,36,000/-.

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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-Smt. Monika Gogoi is also present along with her learned Counsel, Ms. B Rajbongshi.

It is submitted by the applicant that she has already received the awarded amount of Rs. 5,36,000/-.

The parties present before this Court jointly submit that they have agreed to settle the matter on payment of an additional amount of Rs.8,00,000/- as full and final settlement over and above the awarded amount of Rs.5,36,000/- 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.8,00,000/- being the full and final settlement before the MACT Lakhimpur at North Lakhimpur within a period of 45 days from today.

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