Bobi Bora vs New India Assurance Com. Ltd. A
2023 Latest Caselaw 3615 Gua

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GAHC010181532021




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

                                Case No. : MACApp./215/2023

              BOBI BORA
              W/O- LATE DIGANTA BORA, R/O- VILL.- CHARAIMARIA, P.S. BOGINODI,
              DIST.- LAKHIMPUR, ASSAM



              VERSUS

              NEW INDIA ASSURANCE COM. LTD. A
              REP. BY REGIONAL MANAGER, GAUHATI, ASSAM



Advocate for the Petitioner   : B R DAS

Advocate for the Respondent :




                                   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 10.07.2013 passed by the Motor Accident Claims Tribunal, Lakhimpur at North Lakhimpur (for short MACT, Lakhimpur) in MACT Case No.47/2010 praying for enhancement of the awarded amount of Rs.3,93,500/-.

It is submitted that the aforesaid awarded amount of Rs.3,93,500/- has Page No.# 2/3

been received by the claimant.

Ms. Hena Haflongbar, Assistant Manager of the Insurance Company and the claimant-Ms. Bobi Bora along with her learned counsel, Ms. Manju Bharati 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. 7,25,000/- 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 amount of Rs.7,25,000/- being the full and final settlement before the MACT, Lakhimpur within a period of 60 days from today.

As it transpires that the claimant, who is the wife of the deceased, has five dependent children, the manner of release of the aforesaid amount would be in the following terms:

i) Out of the aforesaid awarded additional amount of Rs.7,25,000/-, an amount of Rs. 50,000/- each is directed to be deposited in a Fixed Deposit scheme in the name of each five children in any nationalized bank for a period of 3 years.

i) The remaining amount of Rs.4,75,000/-, is directed to be released in favour of the claimant-Bobi Bora on being properly identified by her learned counsel.

The claimant is required to furnish any official documents to ascertain the Page No.# 3/3

names of the dependent children to the MACT, Lakhimpur for doing the needful.

The MAC appeal is accordingly disposed of.

JUDGE

Comparing Assistant