Rabiya Khatun @ Rabija Khatun vs New India Assurance Co Ltd And 2 Ors
2025 Latest Caselaw 3877 Gua

Gauhati High Court

Rabiya Khatun @ Rabija Khatun vs New India Assurance Co Ltd And 2 Ors on 8 March, 2025

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

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GAHC010213732024




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

                               Case No. : I.A.(Civil)/3267/2024

            RABIYA KHATUN @ RABIJA KHATUN
            W/O. LATE FAZAR ALI @ FAZARAT ALI @ FAJAR ALI, VILL. KATONIGAON,
            P/S. THELAMARA, DIST. SONITPUR, ASSAM.



            VERSUS

            NEW INDIA ASSURANCE CO LTD AND 2 ORS
            STAR CITY COMPLEX, 5TH FLOOR, G.S. ROAD, LACHIT NAGAR, O/O.
            GUWAHATI, PIN-781007, DIST. KAMRUP(M), ASSAM.

            2:PEMA JABISOW
             S/O. LATE LABI DUSUSOW
            VILL. UPPER BHALUKPONG
             P/O. BALUKPONG
             PIN-790114
             DIST. WEST KAMENG (A.P)

            3:MD SIDDIK ALI
             S/O. LATE JASUMUDDIN SEKH
            VILL. AND P/O. THELAMARA
             PIN-784149
             DIST. SONITPUR
            ASSAM

Advocate for the Petitioner   : MR. A R AGARWALA, MR ADITYA AGARWALA

Advocate for the Respondent : MR. K K BHATTA (R-1), MS L SHARMA(R-1)
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           Linked Case :

          RABIYA KHATUN @ RABIJA KHATUN



           VERSUS

          NEW INDIA ASSURANCE CO LTD AND 2 ORS



          ------------
          Advocate for : MR. A R AGARWALA
          Advocate for : appearing for NEW INDIA ASSURANCE CO LTD AND 2 ORS



                                 BEFORE
                HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                     ORDER

Date : 08.03.2025

1. The appeal has been filed by the appellant-claimant against the judgment and award dated 06.12.2023 passed by the learned Member, Motor Accident Claims Tribunal, No. 1, Kamrup (M), Guwahati, Assam in MAC Case No. 1496/2016, praying for enhancement of the award.

2. Ms. Hena Haflongbar, Assistant Manager of the New Insurance Company of the Insurance Company and the claimant Rabia Khatun @ Rabija Khatun along with her learned counsel, Mr. A. R. Agarwala are present today i.e., 08.03.2025 in the National Lok Adalat.

3. The learned counsel for the appellant has submitted that the awarded amount has already been satisfied.

4. The parties present before this Court jointly submit that the matter has been settled between the parties and an additional amount of Rs.1,50,000/- has been agreed upon.

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5. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the balance amount of Rs. 1,50,000/- being the balance amount before the Registry of this Court within a period of 45 days from today.

6. The claimant would be at liberty to withdraw the aforesaid amount on being properly identified by her learned counsel.

7. Send back the LCR, if any.

JUDGE

Comparing Assistant