Mustt Aklima Begum vs Sri Amrit Jyoti Dutta And Anr
2023 Latest Caselaw 3613 Gua

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GAHC010001552016




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

                                Case No. : MACApp./351/2019

            MUSTT AKLIMA BEGUM
            W/O LATE ABDUL MALEK, VILL. DHAKKAIAPATTY RUPAHI TINIALI, P.S.
            RUPAHIHAT, DIST. NAGAON, ASSAM, PRESENT ADDRESS C/O MD. ANISUR
            RAHMAN, VILL .MILANPUR, WARD NO. 3, P.O. and P.S. MORIGAON, DIST.
            MORIGAON, ASSAM.



            VERSUS

            SRI AMRIT JYOTI DUTTA and ANR
            S/O TULSHI NATH DUTTA, VILL. B.V.F.C. NAMRUP, P.O. PORBATPUR, P.S.
            NAMRUP, DIST. DIBRUGARH, ASSAM, PIN CODE-786623

            2:THE DIVISIONAL MANAGER

             UNITED INDIA INSURANCE CO. LTD.
             ULUBARI CHARIALI
             GUWAHATI-

Advocate for the Petitioner   : MR. M TALUKDAR

Advocate for the Respondent : MR. A TALUKDAR




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

09.09.2023 This is an appeal filed by the appellant-claimant against the Page No.# 2/3

judgment and award dated 25.04.2016 passed by the Motor Accident Claims Tribunal, Morigaon (for short MACT) in MAC Case No.40/2013 praying for enhancement of the awarded amount of Rs.14,21,672/-.

Shri A. Munin Choudhury, Regional Manager of the United India Insurance Company and the claimant no. 1. Mustt Aklima Begum along with her daughter Sahina Aktar and 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.5,80,000/- 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.5,80,000/- being the full and final settlement before the learned MACT, Morigaon within a period of 60 days from today.

The claimant would be at liberty to withdraw the aforesaid total amount of Rs. 5,80,000/- on being properly identified by her learned counsel. The manner of release of the aforesaid amount would be in the following terms:

i) Rs. 2,80,000/- shall be released to the claimant/respondent no. 1- Mustt Aklima Begum; and

ii) Remaining amount of Rs. 3,00,000/- is directed to be deposited in a Fixed Deposit scheme in the joint name of claimant no. 1- Mustt Aklima Begum and the daughter Sahina Aktar in any nationalized bank for a period of 3 years.

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The appeal is accordingly disposed of.

JUDGE

Comparing Assistant