Citation : 2023 Latest Caselaw 3608 Gua
Judgement Date : 9 September, 2023
Page No.# 1/3
GAHC010141782018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./440/2022
MUSTT. KHUDEJA KHATUN AND 6 ORS
W/O- LATE FAZAR ALI
2: MD. OMAR FARUK
S/O- LATE FAZAR ALI
3: MD. HARUN AL RASID
S/O- LATE FAZAR ALI
4: MISS MAMONI AKHTARA
D/O- LATE FAZAR ALI
5: MD. ASHIK
S/O- LATE FAZAR ALI
6: MD. MONIRUJ JAMAL
S/O- LATE FAZAR ALI
7: MISS KHALIDA KHATUN
D/O- LATE FAZAR ALI
ALL ARE RESIDENT OF VILL.- LENGRIBORI
P.S. MOIRABARI
DIST.- MORIGAON
ASSAM
PIN- 782126. APPELLANT NOS. 6 AND 7 BEING MINORS ARE REP. BY
THEIR MOTHER APPELLANT NO. 1
VERSUS
NEW INDIA ASSURANCE CO. LTD. AND ANR
REP. BY THE REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE, G.S.
ROAD, BHANGAGARH, GUWAHATI-5.
2:MD. JIAUR RAHMAN
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S/O- LATE JAINAL ABDIN
VILL.- BORIGAON
P.S. AND DIST.- MORIGAON
ASSAM
PIN- 782105
Advocate for the Petitioner : MR. M TALUKDAR
Advocate for the Respondent : MRS B ACHARYA
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 17.09.2016 passed by the learned MACT, Morigaon in MAC Case No.53/2015 praying for enhancement of the awarded amount of Rs.13,19,498/-.
Ms. Hena Haflongbar, Assistant Manager of the New India Insurance Company Ltd. and the claimants- Mustt. Khudeja Khatun and her children, namely, Md. Omar Faruk, Md. Harun Al Rasid, Miss Mamoni Akhtara and Md. Ashik Ali along with her learned 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.3,60,000/- 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.3,60,000/- being the full and final settlement before the learned MACT, Morigaon within a period of 60 days from today.
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The parties have agreed that the aforesaid amount of Rs.3,60,000/- be released to the claimant no. 1, Mustt. Khudeja Khatun (mother) on being properly identified by her learned counsel.
The appeal is accordingly disposed of.
JUDGE
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