Gauhati High Court
Page No.# 1/4 vs The Divisional Manager And Anr on 9 September, 2023
Page No.# 1/4
GAHC010038072017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Civil)/2975/2017 In
MAC App./301066/2017 (filing number) with
MAC App./301066/2017 (filing number)
MUSTT. RAHIMA KHATUN and ANR,
W/O MD. JABBAR ALI
2: MD. JABBAR ALI
S/O LATE FAJAR ALI BOTH ARE R/O VILL. RUPAHIBEEL
P.S. BHURAGAON
DIST. MORIGAON
ASSAM
VERSUS
THE DIVISIONAL MANAGER and ANR,
UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE-I, ULUBARI,
GUWAHATI-7
2:HASIM UDDIN AHMED
S/O MD. HUSSAIN ALI
VILL. JAPARI
TAPTALA
P.S. BHURAGAON
DIST. MORIGAON
ASSAM
PIN 78212
Advocate for the Petitioner : MR. D NATH
Advocate for the Respondent : MR A N DAS
Page No.# 2/4
MAC App./301066/2017
MUSSTT RAHIMA KHATUN and ANR
VERSUS
THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD and ANR
2:THE DIRECTOR OF SOCIAL WELFARE
UZANBAZAR
GHY-1.
3:THE CHILD DEVELOPMENT PROJECT OFFICER
ICDS PROJECT
MAJULI
KAMALABARI
DIST. JORHAT
ASSAM.
4:MRS. MINA OJAH HAZARIKA
W/O SRI DINESH HAZARIKA R/O UPPER KATANI
P.O. and P.S. KAMALABARI
DIST. JORHAT
ASSAM.
------------
Advocate for : MR.M TALUKDAR
Advocate for : appearing for THE DIVISIONAL MANAGER UNITED INDIA
INSURANCE CO. LTD and ANR
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
09.09.2023.
This is an appeal filed by the appellants-claimants against the
judgment and award dated 15.09.2016 passed by the Motor Accident
Claims Tribunal, Morigaon (for short MACT Morigaon) in MAC Case
No.82/2011 praying for enhancement of the awarded amount of
Page No.# 3/4
Rs.3,94,000/-.
It is submitted that the aforesaid awarded amount has been
received by the claimant-appellant.
Though there were two claimants being the parents of the
deceased, in the meantime, the claimant no. 2-Md. Jabbar Ali (father) has
passed away. In this connection, a copy of the death certificate dated
12.08.2015 has been produced which is made a part of the records.
Sri A Munin Choudhury, Regional Manager, United India Insurance
Company Ltd. (Insurance Company) and the claimant no. 1. Mustt.
Rahima Khatun along with her counsel, Shri M Talukdar are present today
i.e., 09.09.2023 in the National Lok Adalat.
The parties present before this Court jointly submit that the matter
has been settled outside the Court and an additional amount of Rs.
3,40,000/- as full and final settlement has been agreed upon.
In view of the above, the appeal stands closed with a direction that
the Insurance Company shall deposit the additional agreed amount of Rs.
3,40,000/- being the full and final settlement before the MACT, Morigaon
within a period of 60 days from today.
The claimant no. 1-Mustt. Rahima Khatun would be at liberty to
withdraw the amount on being properly identified by her learned counsel.
Both the Interlocutory application and the MAC appeal are
accordingly disposed of.
Page No.# 4/4
The Registry is directed to allot registration number in the appeal.
JUDGE
Comparing Assistant
