Hazera Khatun @ Hajera Khatun vs The Divisional Manager
2023 Latest Caselaw 3610 Gua

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GAHC010199832019




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

                                Case No. : MACApp./369/2022

            HAZERA KHATUN @ HAJERA KHATUN
            W/O LT. JAYNAL ABEDIN, R/O VILL. KALBARI, P.S. ABHAYAPURI, DIST.
            BONGAIGAON, ASSAM



            VERSUS

            THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY
            LIMITED AND 2 ORS
            BONGAIGAON DIVISIONL OFFICE, CHAPAGURI ROAD, BONGAIGAON, P.O.
            AND P.S. BONGAIGAON, ASSAM

            2:JUMAR ALI
             S/O PACHA SK
             R/O VILL. 3 NO. GORAIMARI
             P.O. MONAKOCHA
             P.S. BIJNI
             DIST. CHIRANG
             BTAD
            ASSAM

            3:ABDUL BARSHIK
             S/O ABU BAKKAR
             R/O VILL. NIZ DANUGAON
             P.O. SULIAKATA
             DIST. CHIRANG
             BTAD
            ASSA

Advocate for the Petitioner   : MR. M KHAN

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

                                     ORDER

09.09.2023 This is an appeal filed by the appellant-claimant against the judgment and award dated 11.10.2018 passed by the Motor Accident Claims Tribunal, Bongaigaon (for short MACT) in MAC Case No.55/2017 praying for enhancement of the awarded amount of Rs.6,46,000/-.

Shri A. Munin Choudhury, Regional Manager of the United India Insurance Company and the claimant - Hazera Khatun @ Hajera Khatun and her learned counsel, Shri M. Khan 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.4,70,000/- 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.4,70,000/- being the full and final settlement before the learned MACT, Bongaigaon within a period of 60 days from today.

The claimant would be at liberty to withdraw the aforesaid total amount of Rs. 4,70,000/- on being properly identified by their learned counsel. The manner of release of the aforesaid amount would be in the following terms:

i) Rs. 2,70,000/- shall be released to the claimant - Hazera Khatun @ Page No.# 3/3

Hajera Khatun; and

ii) Remaining amount of Rs. 2,00,000/- is directed to be deposited in a Fixed Deposit scheme in the name of claimant - Hazera Khatun @ Hajera Khatun in any nationalized bank for a period of 3 years.

It is informed that while condoning the delay, cost of Rs.5,000/- was imposed which appears from the records have been paid, the said amount be released to the Insurance Company in terms of the order of this Court.

The appeal is accordingly disposed of.

JUDGE

Comparing Assistant