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2025 DAILYLAW 10126 (GAU)

SIKHA RANI DAS AND 4 ORS v. JIYABUL HUSSAIN MAZUMDER AND 2 ORS F

MACApp./421/2024 · 2025-03-07

Sanjay Kumar Medhi

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Judgment text

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Page No.# 1/4 GAHC010067632024 undefined 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