Mustafur Rahman @ Yusuf Ali vs Rabeya Bibi And Anr
2022 Latest Caselaw 3920 Gua

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GAHC010031872017




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

                                Case No. : MACApp./375/2017

            MUSTAFUR RAHMAN @ YUSUF ALI
            S/O MD. ATOWAR RAHMAN SARKAR, R/O VILL. GERAMARI PART-II
            BALADMARA, P.O. GERAMARI, P.S. GAURIPUR, DIST. DHUBRI, ASSAM,
            PIN 783339



            VERSUS

            RABEYA BIBI and ANR
            W/O FORID ALI SK, R/O VILL. GERAMARI, P.S. GAURIPUR, DIST. DHUBRI,
            ASSAM, PIN 783339

            2:THE ORIENTAL INSURANCE CO. LTD.

             BRANCH OFFICE
             DHUBRI D.K. ROAD
             P.O. and DIST. DHUBRI
             ASSAM REPRESENTED BY ITS BRANCH MANAGER

Advocate for the Petitioner   : MS. J A KHANAM

Advocate for the Respondent : MD. A KUDDUS

                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                       O R D E R

29.09.2022

Heard Mr. SA Ahmed, learned counsel for the appellant, Mr. GJ Sarma, learned counsel for the respondent claimant as well as Mr. SK Goswami, learned Page No.# 2/3

counsel for the respondent Insurance Company.

This appeal is filed by the owner of the vehicle against the award dated 16.03.2017 in MAC Case No. 104/2013 of the learned Member, MACT, Dhubri. By the judgment and award dated 16.03.2017, the claim petition of the respondent claimant was allowed by awarding an amount of Rs. 4, 84, 000/- with interest @ 6% per annum from the date of filing of the claim petition i.e. 08.01.2014 up to the date of payment of the awarded amount. The order accompanying the award further provides that if the owner fails to satisfy the award, further future interest at the same rate till realisation of the awarded amount be also paid. In other words, we have to understand that the award in favour of the claimant respondent is for an amount of Rs. 4, 84, 000/- plus interest @6% per annum from the date of filing of the claim i.e. 08.01.2014 up to the date of actual payment.

During the pendency of the appeal, the appellant being the owner of the offending vehicle and the respondent No. 1 being the claimant have arrived at a mutually agreeable settlement and accordingly, the appellant owner has filed an additional affidavit dated 29.09.2022. Paragraph 3 of the affidavit filed on 22.09.2022 provides as extracted:-

"That the deponent begs to state that he is ready and agreed upon to amicably settle the matter and in this regard he discussed the matter with the claimant. Now both the parties are agreed upon to settle the matter. The deponent do hereby declare that he will pay the quantum of award on or before 30.11.2022, failing which he will be fully liable for all the caused and the consequences thereof."

The extracted paragraph 3 of the affidavit of the appellant owner is made a part of the agreed order in this appeal. Although at paragraph 3 as a part of the agreement, the owner of the offending vehicle has stated that the quantum of Page No.# 3/3

the award will be paid on or before 31.11.2022, upon a further agreement between the parties, the said date is extended up to 31.12.2022.

Accordingly, as agreed, it is expected that the owner will pay the entire awarded amount along with the admissible interest which is already a part of the award on or before 31.12.2022. The amount to be paid by the appellant owner, would exclude the amount of Rs. 1, 00, 000/- that has already been paid during the pendency of this appeal.

Although the respondent Insurance Company had also been made a respondent, but there is a clear finding in the award that there was no valid policy by the Insurance Company in favour of the appellant owner and therefore, no liability is noticed against the Insurance Company.

The appeal stands closed with the above agreement between the parties.

JUDGE

Comparing Assistant