Page No.# 1/4 vs Jiyabul Hussain Mazumder And 2 Ors F
2025 Latest Caselaw 3887 Gua

Gauhati High Court

Page No.# 1/4 vs Jiyabul Hussain Mazumder And 2 Ors F on 8 March, 2025

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                     Page No.# 1/4

GAHC010067632024




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

                          Case No. : MACApp./421/2024

         SIKHA RANI DAS AND 4 ORS
         W/O LATE SAJAL DAS, VILL.- DHOLAI MOLAI PART- IX, P.O.- DHOLAI
         SOUTH, P.S.- KATLICHERRA, DIST.- HAILAKANDI, ASSAM, PIN- 788161.

         2: BAJINDRA CHANDRA DAS
          S/O LATE BRAJARAM DAS

         VILL.- DHOLAI MOLAI PART- IX
         P.O.- DHOLAI SOUTH
         P.S.- KATLICHERRA
         DIST.- HAILAKANDI
         ASSAM
         PIN- 788161.

         3: SARABALA DAS
         W/O SRI BAJINDRA CHANDRA DAS

         VILL.- DHOLAI MOLAI PART- IX
         P.O.- DHOLAI SOUTH
         P.S.- KATLICHERRA
         DIST.- HAILAKANDI
         ASSAM
         PIN- 788161.

         4: DEBASISH DAS
          S/O LATE SAJAL DAS

         VILL.- DHOLAI MOLAI PART- IX
          P.O.- DHOLAI SOUTH
          P.S.- KATLICHERRA
          DIST.- HAILAKANDI
          ASSAM
          PIN- 788161.
         (BEING MINOR
                                                                       Page No.# 2/4

             REP. BY HIS MOTHER
             APPLICANT NO. 1).

            5: PRIYANKA DAS
             D/O LATE SAJAL DAS

            VILL.- DHOLAI MOLAI PART- IX
             P.O.- DHOLAI SOUTH
             P.S.- KATLICHERRA
             DIST.- HAILAKANDI
             ASSAM
             PIN- 788161.
            (BEING MINOR
             REP. BY HIS MOTHER
             APPLICANT NO. 1)

            VERSUS

            JIYABUL HUSSAIN MAZUMDER AND 2 ORS F
            S/O MAKADDAS ALI MAZUMDER, VILL.- LAKHINAGAR PART- II, P.O.-
            MONACHERRA, P.S.- LALA, DIST.- HAILAKANDI, ASSAM, PIN- 788164.

            3:NEW INDIA ASSURANCE CO. LTD.
             REP. BY THE REGIONAL MANAGER

            GUWAHATI REGIONAL OFFICE
            LACHIT NAGAR
            ULUBARI
            NEAR HANUMAN MANDIR
            GUWAHATI- 781007

Advocate for the Petitioner   : MR. M TALUKDAR,

Advocate for the Respondent : , M CHETIA (R3)




                                   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 19.06.2023 passed by the learned Member, Motor Accident Claims Tribunal, Hailakandi, Assam in MAC Case No. 52/2019, Page No.# 3/4

praying for enhancement of the award.

2. Ms. Hena Haflongbar, Assistant Manager of the New Insurance Company of the Insurance Company and the claimant No. (1) Sikha Rani Das, (2) Bajindra Chandra Das, (3) Sarabala Das, (4) Debasish Das, and (5) Priyanka Das along with their learned counsel, Mr. M. Talukdar are present today i.e., 08.03.2025 in the National Lok Adalat.

3. The learned counsel for the appellant has submitted that an amount of Rs. 9,75,000/- was directed to be paid, which 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.5,00,000/- has been agreed upon.

5. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the said amount of Rs.5,00,000/-, which is being the full and final settlement before the Motor Accident Claims Tribunal, Hailakandi, Assam within a period of 45 days from today in the following manner:

i. Rs. 3,00,000/- Claimant No.1 - Sikha Rani Das;

ii. Rs. 1,00,000/- Claimant No.2 - Bajindra Chandra Das; and

iii. Rs. 1,00,000/- Claimant No.3 - Sarabala Das

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

Page No.# 4/4

7. Send back the LCR, if any.

JUDGE

Comparing Assistant