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2023 DAILYLAW 1819 (GAU)

MANOWARA KHATUN AND 3 ORS. v. RELIANCE GENERAL INSURANCE COMPANY LTD AND 5 ORS.

MACApp./324/2023 · 2026-07-21

Mridul Kumar Kalita

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Judgment text

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Page No.# 1/4 GAHC010172672023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./324/2023 MANOWARA KHATUN AND 3 ORS. W/O LATE AFAZUDDIN MULLAH @ AFAZ UDDIN MOLLAH VILL.- NIZ BAGHBOR P.O. AND P.S.- BAGHBOR DIST.- BARPETA ASSAM. 2: AFRUJA PARBIN D/O LATE AFAZUDDIN MULLAH @ AFAZ UDDIN MOLLAH VILL.- NIZ BAGHBOR P.O. AND P.S.- BAGHBOR DIST.- BARPETA ASSAM. 3: AL-MARUF MULLAH S/O LATE AFAZUDDIN MULLAH @ AFAZ UDDIN MOLLAH VILL.- NIZ BAGHBOR P.O. AND P.S.- BAGHBOR DIST.- BARPETA ASSAM. 4: MD. HUSSAIN ALI F/O LATE AFAZUDDIN MULLAH @ AFAZ UDDIN MOLLAH VILL.- NIZ BAGHBOR P.O. AND P.S.- BAGHBOR DIST.- BARPETA ASSAM. VERSUS RELIANCE GENERAL INSURANCE COMPANY LTD AND 5 ORS. ANIL PLAZA G.S. ROAD BHANGAGARH Page No.# 2/4 GUWAHATI- 781005 ASSAM. 2:M/S BAGHBOR YUBA KALYAN SOCIETY REP. BY ITS PRESIDENT/ SECRETARY VILL. AND P.O.- BAGHBOR ASSAM PIN- 781308. 3:MD. AKASH ALI @ AKKAS ALI S/O MD. ABED ALI VILL.- NIZ BAGHBOR P.S.- BAGHBOR DIST.- BARPETA ASSAM- 781308. 4:NEW INDIA ASSURANCE COMPANY LTD REGIONAL OFFICE GUWAHATI ULUBARI G.S. ROAD P.O.- GUWAHATI- 781007 DIST.- KAMRUP (M) ASSAM. 5:DEENDAYAL SHARMA S/O RAM NIWAS SHARMA NEW MARKET KABAITARY P.O. AND PS.- JOGIGHOPA DIST.- BONGAIGAON ASSAM- 783330. 6:SURESH PAL S/O R.G. PAL VILL.- BALIJANA P.O.- BALADMARI- 783121 DIST.- GOALPARA ASSAM. ------------ Advocate for : MR. A R AGARWALA Advocate for : MR. A J SAIKIA (R1) appearing for RELIANCE GENERAL INSURANCE COMPANY LTD AND 5 ORS. Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 22-07-2026 [1.] Heard Mr. AR Agarwala, learned counsel for the appellants. Also heard Ms. M Chetia, learned counsel appearing for respondent No. 1 as well as Mr. S Sharma, learned counsel appearing for respondent No. 4. [2.] On perusal of the office note, dated 21.07.2026, it appears that notice issued to respondent No. 2 has been duly received by the addressee. However, notice issued to respondent Nos. 5 & 6 has returned without service. [3.] Learned counsel for the appellants submits that in this case, the respondent No. 1 was directed to pay the awarded amount to the appellants/claimants. However, after filing of this appeal, the matter has been amicably settled between the claimants and the respondent No. 1/Insurance Company on the condition that an additional amount of Rs.2,00,000/- shall be paid by the respondent No. 1/Insurance Company to the claimants. [4.] Ms. M Chetia, learned counsel for the respondent No. 1 also endorses the submission made by the learned counsel for the appellants and has produced a letter dated 30.05.2026 written by Chief Regional Manager of respondent No. 1/Insurance Company, wherein it has been stated that the respondent No. 1/Insurance Company has agreed to settle the appeal by paying an additional amount of Rs.2,00,000/- in addition to what has been awarded by the Motor Accident Claims Tribunal. [5.] Let the letter produced by the learned counsel for the respondent No. 1 be marked as “X” and placed along with the records of this case. Page No.# 4/4 [6.] In terms of the settlement arrived at between the respondent No. 1/Insurance Company and the appellants, this appeal is disposed of. [7.] The respondent No. 1/Insurance Company is directed to deposit the settled additional amount of compensation of Rs.2,00,000/, which has been agreed between the parties before the Registry of this Court within a period of 4 (four) weeks from the date of this order. [8.] On such deposit, same shall be disbursed by the Registry to the appellant No. 1 after proper verification. [9.] With the above observations, this appeal is accordingly disposed of. JUDGE Comparing Assistant