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2025 DAILYLAW 14397 (GAU)

SMTI REHAN RABHA AND ANR v. ORIENTAL INSURANCE COMPANY LIMITED AND 2 ORS

MACApp./646/2018 · 2025-06-13

Sanjay Kumar Medhi

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Judgment text

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Page No.# 1/3 GAHC010130242018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./646/2018 SMTI REHAN RABHA AND ANR W/O LATE PURNA RABHA, R/O VILL. THEKASU UDAYPUR UNDER DUDHNOI POLICE STATION, P.O. DUDHNOI, IN THE DIST. OF GOALPARA, ASSAM 783124 2: SHRI HITESHWAR RABHA S/O LATE PURNA RABHA (APPELLANT NO. 2 IS BEING REPRESENTED BY THE APPELLANT NO. 1 AS HE IS A MINOR) R/O VILL. THEKASU UDAYPUR UNDER DUDHNOI POLICE STATION P.O. DUDHNOI IN THE DIST. OF GOALPARA ASSAM 78312 VERSUS ORIENTAL INSURANCE COMPANY LIMITED AND 2 ORS REPRESENTED BY THE DIVISIONAL MANAGER BONGAIGAON DIVISION, P.O. BONGAIGAON, UNDER BONGAIGAON POLICE STATION IN THE DIST. OF BONGAIGAON, ASSAM 783380 (INSURER OF THE VEHICLE NO. AS- 18/C-2942) 2:MAINUL HOQUE S/O SOPIAR RAHMAN R/O VILL. GOSSAIDUBI MUSLIMPARA P.O. GAURNAGAR UNDER LAKHIPUR POLICE STATION IN THE DIST. OF GOALPARA ASSAM 783132 (OWNER OF THE VEHICLE NO. AS-18/C-2942) 3:RASIDUL HOQUE S/O AMAR ALI R/O VILL. GOSSAIDUBI HINDUPARA P.O. GAURNAGAR Page No.# 2/3 UNDER LAKHIPUR POLICE STATION IN THE DIST. OF GOALPARA ASSAM 783132 (DRIVER OF THE VEHICLE NO. AS-18/C-2942 Advocate for the Petitioner : MR D DAS, MR. M BARUAH Advocate for the Respondent : MR D K KALITA (R2, R3), MR. K K PARASAR (R2, R3),MS M BHARATI,MR. R C PAUL BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 14.06.2025 The appeal has been filed by the appellants-claimants against the judgment and award dated 27.10.2016 passed by the Learned Member, Motor Accident Claims Tribunal, Goalpara in MAC Case No. 59/2015 praying for enhancement of the awarded amount. The award has already been satisfied. 2. Shri R.C. Pathak, Manager of the Oriental Insurance Company Ltd. (Insurance Company) and the claimant No.1 – Smti Rehan Rabha along with her learned counsel, Shri D. Das are present today i.e., 14.06.2025 in the National Lok Adalat. 3. The parties present before this Court jointly submit that the matter has been settled between the parties and an additional amount of Rs.2,00,000/- has been agreed upon. 4. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the additional amount of Rs.2,00,000/- being the full and final settlement before the Registry of this Court within a period of 45 days from today. 5. The claimant No. 1 would be at liberty to withdraw the aforesaid amount Page No.# 3/3 on being properly identified by her learned counsel. 6. The appeal stands disposed of. 7. Send back the LCR, if any. JUDGE Comparing Assistant