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2013 DAILYLAW 897 (GAU)

SMT. HIRAN DEKA and 2 ORS. v. BHGYA KALITA and 2 ORS.

MACApp./182/2013 · 2026-05-31

Robin Phukan

body2013

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010192832013 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./182/2013 SMT. HIRAN DEKA and 2 ORS. W/O LT. BIPIN DEKA, BHANGAGARH, ANANDA NAGAR, NEAR DENTAL COLLEGE, P.S. DISPUR, DIST. KAMRUP, ASSAM-781002. 2: NIPON DEKA S/O LT. BIPIN DEKA BHANGAGARH ANANDA NAGAR NEAR DENTAL COLLEGE PS. DISPUR DIST. KAMRUP ASSAM-781002 3: DHRUBAJYOTI DEKA S/O LT. BIPIN DEKA BHANGARH ANANDA NAGAR NEAR DENTAL COLLEGE PS. DISPUR DIST. KAMRUP ASSAM-78100 VERSUS BHGYA KALITA and 2 ORS. S/O B.C.KALITA, R/O RIHABARI, PS. PALTANBAZAR, DIST. KAMRUP, ASSAM-781008. 2:SAYA RAM DEKA S/O UR DEKA R/O DARKUCHI PS. NALBARI Page No.# 2/4 DIST. NALBARI ASSAM-781376 3:M/S. BAJAJ ALLIANZ GEN. INS. CO. LTD REP. BY THE BRANCH MANAGER BRANCH OFFICE G.S.ROAD BORA SERVICE DIST. KAMRUP ASSAM-78100 Advocate for the Petitioner : MR.S SINGH, MR.P K SHARMA,MR.S K GOSWAMI,MR.A ACHARYA Advocate for the Respondent : MR.R GOSWAMI, MS.M SAIKIA,MR.I ALAM,MR.CHANDRA DHAR BORO,MR.DIGANTA KUMAR HALOI,MRS A GAYAN,MR.M KALITA BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 01.06.2026 Heard Mr. A. Acharya, learned counsel for the appellants and Mr. R. Goswami, learned counsel for the respondent No. 3. 2. It is submitted at the bar that this matter was referred to the Gauhati High Court Mediation Centre and before the mediator, both the parties have settled the case at Rs. 35,16,129/-, and the respondent No. 3, namely, M/s Bajaj Allianz Gen. Ins. Co. Ltd., has agreed to pay a sum of Rs. 35,16,129/-, to the appellants and out of the said amount, a sum of Rs. 18,16,129/-, has already been deposited before the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup (Metro), Guwahati, on 24.04.2013. Page No.# 3/4 3. It is also submitted at the bar that on the strength of the terms and conditions, that has been agreed upon by both the parties, as mentioned in the report of the Mediator, dated 07.05.2026; this MAC Appeal may be disposed of. 4. Having heard the submissions of the learned counsel for both the parties, this Court has carefully gone through the Memo of Appeal and the impugned Judgment and Award passed by the learned Member, Motor Accident Claim Tribunal No. 2, Kamrup (Metro), Guwahati, and also, the report of the Mediator, dated 07.05.2026. 5. It appears that the parties have agreed to the following terms & conditions- “I. Award of Rs. 18,16,129/- paid to the claimant on 24.04.2013 before the MACT Tribunal, Kamrup (M). II. Now, the additional amount of Rs. 17,00,000/- will be paid to the claimants as full and final settlement amount of the appeal filed by the claimants before the Registry, Gauhati High Court, within a period of 4 weeks from the date of the order passed by the Hon'ble Court, by the Insurance co.” 6. Accordingly, taking note of the submission of the learned counsel for both the parties and also, considering the report of the Mediator, dated 07.05.2026, and the terms & conditions set out in the said report; this appeal stands disposed of on the strength of compromise. 7. The terms & conditions mentioned in the report of the Mediator, dated 07.05.2026, shall be a part of this Order. 8. In terms of the report of the Mediator, dated 07.05.2026, the amount of Rs. 17,00,000/-, shall be deposited before the Registry of this Court, within a period of 4 (four) weeks from today and after the said amount being deposited before the Registry of this Court, the same shall be released in favour of the appellants, after due verification. Page No.# 4/4 9. Return back the TCR. JUDGE Comparing Assistant