Citation : 2025 Latest Caselaw 2567 Gua
Judgement Date : 7 August, 2025
Page No.# 1/4
GAHC010135972025
2025:GAU-AS:10315
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2030/2025
MEHERUN NESSA AND ORS
W/O LATE FORHAD HUSSAIN
2: ASIK IKBAL ANSARI
3: ASHRAFUL HOQUE
4: TAHMINA BEGUM
5: ARIF UDDIN AHMED
6: ANISUR RAHMAN
7: MONUARA BEGUM
W/O MD. SUBED ALI
CLAIMANT NO. 2
3
5 and 6 ARE MINOR SONS AND CLAIMANT NO. 4 IS MINOR DAUGHTER OF
DECEASED FORHAD HUSSAIN AND REPRESENTED BY THEIR MOTHER
APPELLANT NO.
VERSUS
THE REGIONAL MANAGER AND ORS
NATIONAL INSURANCE CO. LTD., BHANGAGARH, G.S. ROAD, GUWAHATI
781005 ASSAM
2:MD. FAKARUDDIN ALI AHMED
Page No.# 2/4
S/O MD. SONAULLAH
VILL. LALPUL
P.O. DALGAON 784116
DIST. DARRANG
ASSAM
Advocate for the Petitioner : MR. A R AGARWALA,
Advocate for the Respondent : ,
Linked Case : MACApp./529/2017
MEHERUN NESSA and 6 ORS
W/O LATE FORHAD HUSSAIN
2: ASIK IKBAL ANSARI
3: ASHRAFUL HOQUE
4: TAHMINA BEGUM
5: ARIF UDDIN AHMED
6: ANISUR RAHMAN
7: MONUARA BEGUM
W/O MD. SUBED ALI
CLAIMANT NO. 2
3
5 and 6 ARE MINOR SONS AND CLAIMANT NO. 4 IS MINOR DAUGHTER OF
DECEASED FORHAD HUSSAIN AND REPRESENTED BY THEIR MOTHER
APPELLANT NO. 1
VERSUS
THE REGIONAL MANAGER NATIONAL INSURANCE CO. LTD and ANR
NATIONAL INSURANCE CO. LTD.
BHANGAGARH
G.S. ROAD
GUWAHATI 781005 ASSAM
Page No.# 3/4
2:MD. FAKARUDDIN ALI AHMED
S/O MD. SONAULLAH
VILL. LALPUL
P.O. DALGAON 784116
DIST. DARRANG
ASSAM.
------------
Advocate for : MS.R LAILA
Advocate for : MR. A DUTTA (R1) appearing for THE REGIONAL MANAGER
NATIONAL INSURANCE CO. LTD and ANR
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
07.08.2025 Heard Mr. A. R. Agarwala, learned counsel for the applicant and Mr. N. M. Dutta, learned counsel for the Opposite parties.
2) This joint application is preferred by the appellant/claimant and the respondent No. 1, the National Insurance Co. Ltd. in MAC Appeal No. 529/2017, to allow the petitioners to amicably compromise the settlement of the MAC Appeal No. 529/2017 for an additional amount, being Rs. 4,75,000/-, and also to allow the amount to be deposited in the bank account of the claimant No.1/appellant No. 1, through electronic transfer.
3) It is submitted at the bar that the MAC Appeal No. 529/2017 has been preferred for enhancement of the amount of Rs. 10,31,400/-, which was awarded by the learned Member, Motor Accident Claims Tribunal No. 1, Kamrup, Guwahati, in MAC Case No. 1761/2014, and that the original award, i.e., Rs. 10,31,400/-, along with the interest has already been paid, and both the parties have amicably settled the present appeal for enhancement at Rs. 4,75,000/-, and the said amount will be deposited by the National Insurance Co. Ltd. within a period of 4 (four) weeks from today in the account of the Claimant No. 1 and therefore, it is contended to allow this application and to dispose of the MAC Appeal No. 529/2017.
4) Having heard the submissions made by the learned counsels for both the parties, I have carefully gone through the petition and the documents placed on record and the Page No.# 4/4
impugned judgment and award.
5) Since the matter has been settled by the parties, nothing survives and accordingly, this application stands allowed.
6) The Insurance company shall deposit the additional amount of Rs. 4,75,000/- in the account of the appellant/claimant No. 1 via electronic mode, within a period of 4 (four) weeks from today.
7) In terms of the above, this interlocutory application and MAC Appeal No. 529/2017 stands disposed of.
8) Mr. Agarwala, learned counsel for the claimant/appellant shall furnish the bank particulars of the appellant/claimant No. 1 to Mr. N. N. Dutta within 1 (one) week.
9) Registry shall return the record of the learned Tribunal.
JUDGE
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