Page No.# 1/3 vs The Divisional Manager
2023 Latest Caselaw 3611 Gua

                                                                Page No.# 1/3

GAHC010199852019




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

                          Case No. : MACApp./367/2022

         FORIDA BEGUM AND ANR
         W/O- LATE EMRUL KAWSAR TALUKDAR, R/O- VILL.- DUMURIA, PART-I,
         P.S. ABHAYAPURI, DIST.- BONGAIGAON, ASSAM.

         2: ASIA KHATUN TALUKDAR
         W/O- ABDUL LATIF TALUKDAR
          BOTH ARE R/O- VILL.- DUMURIA
          PART-I
          P.S. ABHAYAPURI
          DIST.- BONGAIGAON
         ASSAM

         VERSUS

         THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY
         LIMITED AND 2 ORS
         BONGAIGAON DIVISIONAL 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
                                                                        Page No.# 2/3

             ASSAM

Advocate for the Petitioner   : MR. M KHAN

Advocate for the Respondent : MR A N DAS




                                   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 11.10.2018 passed by the Motor Accident Claims Tribunal, Bongaigaon (for short MACT) in MAC Case No.56/2017 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 no. 1. Forida Begum along with the claimant no. 2 Asia Khatun Talukdar and their 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.6,00,000/- 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.6,00,000/- being the full and final settlement before the learned MACT, Bongaigaon within a period of 60 days from today.

The claimants would be at liberty to withdraw the aforesaid total amount of Rs. 6,00,000/- on being properly identified by their learned counsel. The manner of release of the aforesaid amount would be in the Page No.# 3/3

following terms:

i) Rs. 3,00,000/- shall be released to the claimant no. 1- Forida Begum; and

ii) Rs. 3,00,000/- shall be released to the claimant no. 2- Asia Khatun Talukdar.

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