Page No.# 1/3 vs Md Mortuz Ali And 2 Ors
2023 Latest Caselaw 3605 Gua

                                                                     Page No.# 1/3

GAHC010224112017




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

                         Case No. : MACApp./621/2017

         SRI KAMALESWAR BORDOLOI and 2 ORS
         S/O LATE GAMALU BORDOLOI

         2: AMRIT BORDOLOI
          S/O SRI KAMALESWAR BORDOLOI

         3: MINTU BORDOLOI
          S/O SRI KAMALESWAR BORDOLOI
         ALL ARE R/O VILL.KHATARBORI
          P.O. BHURBANDHA
          P.S. MORIGAON
          DIST. MORIGAON
         ASSAM

         VERSUS

         MD MORTUZ ALI and 2 ORS
         S/O MD. UMED ALI, VILL. BOGARIBORI, P.O. NAGABANDHA, P.S.
         MIKIRBHETA, PIN 782103, DIST. MORIGAON, ASSAM.

         2:MD. IKRAMUL HUSSAIN

          S/O MD. MORTUZ ALI
          VILL. BOGARIBORI
          P.O. NAGABANDHA
          P.S. MIKIRBHETA
          PIN CODE 782103
          DIST. MORIGAON
          ASSAM.

         3:UNITED INDIA INSURANCE CO. LTD.

          REPRESENTED BY THE BRANCH MANAGER
          BYENIHAT BRANCH
                                                                        Page No.# 2/3

              NEAR S.S.I. JORABAT
              DIST. RI-BHOI
              MEGHALAYA
              PIN 79310

Advocate for the Petitioner   : MS.D KALITA

Advocate for the Respondent : MR. K K BHATTA (R 3)




                                   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 05.06.2014 passed by the Motor Accident Claims Tribunal, Morigaon (for short MACT Morigaon) in MAC Case No.114/2011 praying for enhancement of the awarded amount of Rs.1,50,000/-.

It is submitted that the aforesaid awarded amount along with interest has been received by the claimant-appellant.

Sri A Munin Choudhury, Regional Manager, United India Insurance Company Ltd. (Insurance Company) and the claimant no. 1 Sri Kamaleswar Bordoloi and claimant no. 2. Shri Amrit Bordoloi along with their 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 a lump sum amount of Rs. 4,90,000/- as full and final settlement has been agreed upon.

In view of the above, the appeal stands closed with a direction that Page No.# 3/3

the Insurance Company shall deposit the additional agreed amount of Rs. 4,90,000/- being the full and final settlement before the MACT, Morigaon within a period of 60 days from today.

The claimants would be at liberty to withdraw the amount on being properly identified by their learned counsel.

The appeal is accordingly disposed of.

JUDGE

Comparing Assistant