Gauhati High Court
Page No.# 1/3 vs Smti Hemada Saikia And Anr on 18 March, 2025
Page No.# 1/3
GAHC010045012023
2025:GAU-AS:2885
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/634/2023
SMTI. HIMESHWARI SAIKIA AND ANR.
W/O SRI HIMESWAR SAIKIA, R/O VILL-NO.1 MAZGAON VTC NO.1,
BOKANADI, P.O.-FULBARI, BOKANADI, DIST-LAKHIMPUR, ASSAM
2: HIMESHWAR SAIKIA
S/O LATE LOHESWAR SAIKIA
R/O VILL-NO.1 MAZGAON VTC NO.1
BOKANADI
P.O.-FULBARI
BOKANADI
DIST-LAKHIMPUR
ASSA
VERSUS
SMTI HEMADA SAIKIA AND ANR
W/O LATE TAPURAM SAIKIA, R/O VILL NO. 1 MAZGAON PHULBARI, P.O.-
BOKANADI, P.S.-LALUK, DIST-LAKHIMPUR, ASSAM
2:DIBYAJYOTI SAIKIA
S/O LATE TAPURAM SAIKIA
R/O VILL NO. 1 MAZGAON PHULBARI
P.O.-BOKANADI
P.S.-LALUK
DIST-LAKHIMPUR
ASSA
Advocate for the Petitioner : MR D MONDAL, MR. R BARBHUYAN,MR. U BARMAN
Advocate for the Respondent : MR. N D BHUYAN (r-1), MR. A. M. SIDDIQUE (r-2),MR S
DUSAD (r-2),MR P D BHUYAN (r-2),MR. N D BHUYAN (r-2),MR P D BHUYAN (r-1)
Page No.# 2/3
BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
18.03.2025
Heard Mr. D. Mondal, learned counsel for the applicants. Also heard Mr. P.
D. Bhuyan, learned counsel for the respondent Nos. 1 and 2.
2. This application is filed under Section 151 of the Code for review, recalling,
and modification of the Order dated 12.11.2022, passed in MAC Appeal No.
745/2022.
3. Mr. Mondal, learned counsel for the applicants, has submitted that the
Insurance Company, as an appellant, had challenged the Judgment dated
03.10.2015, passed by the learned Member, MACT No.1, Kamrup, Guwahati, in
MAC Case No. 1655/2003 [2080/2003]. Subsequently, the appeal (MAC Appeal
No. 745/2022) was placed before the National Lok Adalat, and the matter was
settled on 12.11.2022 for an amount of Rs. 18,00,000/- (Rupees eighteen lakhs
only), including interest, as full and final settlement. However, in the said
appeal, the present applicants were not made parties, despite being entitled to
compensation for their deceased son, Lt. Tapuram Saikia. Upon learning about
the settlement and the award, the applicants, i.e., the parents of the deceased,
have filed the instant application, praying for modification/review of the order
dated 12.11.2022, passed in MAC Appeal No. 745/2022, claiming their share of
the awarded amount as the parents/dependents of the deceased.
4. On the other hand, Mr. Bhuyan, learned counsel for respondent Nos. 1 and
2/claimants in MAC Case No. 1655/2003 [2080/2003] and respondents in MAC
Appeal No. 745/2022, has submitted via affidavit-in-opposition that both
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respondents are ready and willing to give Rs. 4,00,000/- (Rupees four lakhs)
only out of the settled amount of Rs. 18,00,000/- (Rupees eighteen lakhs) only
to the present applicants, i.e., the parents of the deceased. This amount is still
lying in the office of the learned Member, MACT No.1, Kamrup, Guwahati.
5. Mr. Mondal, learned counsel for the applicants, has submitted that he has
no objection if Rs. 4,00,000/- (Rupees four lakhs) only out of the settled amount
is given to the present applicants and that they are ready and willing to accept
the amount.
6. In view of this, the learned Member, MACT No.1, Kamrup, Guwahati, is
hereby directed to release Rs. 4,00,000/- (Rupees four lakhs) only in favor of
the present applicants/parents of the deceased from the settled amount of Rs.
18,00,000/- (Rupees eighteen lakhs) only upon proper verification of the
applicants' bank details, Aadhaar Card, PAN Card, etc. The remaining balance
amount of Rs. 14,00,000/- (Rupees fourteen lakhs only) may be released in
favor of respondent Nos. 1 and 2 accordingly.
7. Further, the order dated 21.03.2023, granting a stay, stands vacated in
terms of the above.
8. With the above observations, this interlocutory application stands disposed
of.
9. A copy of this order may be sent to the learned Member, MACT No.1,
Kamrup, Guwahati, for information and necessary action.
JUDGE
Comparing Assistant
