Tokibar Rhaman vs Reliance General Insurance ...
2022 Latest Caselaw 4409 Gua

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GAHC010283882019




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

                                Case No. : MACApp./641/2019

            TOKIBAR RHAMAN
            SON OF MAJARUDDIN KHANDAKAR, RESIDING AT VILLAGE DHARAI,
            POLICE STATION LAKHIPUR, DISTRICT GOALPARA, ASSAM-783129

            VERSUS

            RELIANCE GENERAL INSURANCE COMPANY LIMITED AND 2 ORS.
            REPRESENTED BY ITS MANAGER, 5TH FLOOR, ANIL PLAZA, ABC, G.S.
            ROAD, GUWAHATI-781006, DISTRICT KAMRUP (METRO), ASSAM
            (INSURER OF THE VEHICLE NO. AS-18/D-8577) (MOTOR CYCLE)

            2:ATOWAR SHEIKH
             SON OF NURUDDIN SHEIKH
             RESIDENT OF WARD NO.3
             LAKHIPUR BAZAR
             POLICE SGTATION LAKHIPUR
             DISTRICT GOALPARA
             ASSAM-783129
            (OWNER OF THE VEHICLE NO. AS-18/D-8577 (MOTOR CYCLE)

            3:PARVEJ HUSSIAN
             SON OF MAKBUL HUSSAIN
             RESIDENR OF VILLAGE SILAPANI
             POLICE STATION LAKHIPUR
             DISTRICT GOALPARA
             ASSAM-783129
            (DRIVER OF THE VEHICLE NO. AS-18/D-8577 (MOTOR CYCLE

Advocate for the Petitioner   : MR. D DAS

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

                                        ORDER

12.11.2022 This is an appeal filed by the claimant against the judgment and award dated 13.08.2019 passed by the Motor Accidents Claims Tribunal, Goalpara in MAC Case No.140/2018 praying for enhancement of the award, as compensation.

2. The Reliance General Insurance Company Limited (for short Insurance Company) is represented by Shri Sheezan Aziz Choudhury, Associate Legal Claim Manager and Ms. Runjun Boruah, Support Officer Legal Claim. Shri Tokibar Rahman, the claimant is present in person along with his counsel Shri D. Das.

3. The parties present before this Court jointly submit that the matter has been settled outside the Court and an additional amount of Rs.1,25,000/- (Rupees One Lakh and Twenty Five Thousand) as full and final settlement has been agreed upon over and above the awarded amount.

4. In view of the above, the appeal stands closed with a direction that the Insurance Company shall now deposit the additional amount of Rs.1,25,000/- (Rupees One Lakh and Twenty Five Thousand) being the full and final settlement before the MACT, Goalpara within a period of 45 days from today. The deposit is permitted to be made by NEFT. The said amount would be released to the claimant on being properly identified by the learned counsel for the claimant.

5. A memo of settlement is made a part of the record.

6. The MAC Appeal stands disposed of.

JUDGE

Comparing Assistant