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2025 DAILYLAW 14493 (GAU)

ON THE DEATH OF MD SULTAN MOLLAH @ ABDUL SULTAN MOLLAH HIS LEGAL HEIRS v. MD SULTAN MONDAL and ANR

MACApp./258/2017 · 2025-08-21

Budi Habung

body2025

Judgment text

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Page No.# 1/3 GAHC010131352017 2025:GAU-AS:11260 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./258/2017 ON THE DEATH OF MD SULTAN MOLLAH @ ABDUL SULTAN MOLLAH HIS LEGAL HEIRS S/O MD. JAMALUDDIN MOLLAH, R/O WARD NO. IV, ISLAMPUR, P.O. GAURIPUR, DIST. DHUBRI ASSAM 1.1: ANJUMA KHATUN W/O LATE MD. SULTAN MOLLAH @ ABDUL SULTAN MOLLAH R/O WARD NO. IV ISLAMPUR P.O. GAURIPUR DIST. DHUBRI ASSAM VERSUS MD SULTAN MONDAL and ANR S/O SAFIUR RAHMAN MONDAL, VILL. FULERCHAR, P.S. SOUTH SALAMA, DIST. DHUBRI, ASSAM. 2:THE NATIONAL INSURANCE CO. LTD. KOKRAJHAR BRANCH REPRESENTED BY REGIONAL OFFICE GUWAHATI G.S. ROAD BHANGAGARH DIST. KAMRUP M ASSAM Advocate for the Petitioner : MR.A R AGARWALA, MR.P PATOWARY Advocate for the Respondent : MR.B K PURKAYASTHA, MS.K DEKA,MR.I HUSSAIN,MS.P SHARMA,MS.U K PURKAYASTHA,MR. R K BHATRA (R2),MS R GANGAWAT (R2),MS M N KONYAK (R2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 22.08.2025 Heard Mr. A.R. Agarwal, learned for the appellant and also heard Ms. A. Biyani, learned counsel appearing for the respondent No.2/ Insurance Company. 2. This appeal under Section 173 of the Motor Vehicle Act, 1988, has been filed against the judgment and award dated 18.12.2014, passed by the learned Member, MACT, Dhubri in M.A.C Case No. 309/2004 for enhancement of the amount of compensation. 3. At the outset, the learned counsel for the respondent Insurance Company submitted that the respondent No.2/Insurance Company is willing to settle the claim at an enhancement amount of Rs, 6,00,000/- over and above the amount of Rs. 3,85,000/- already paid to the claimant along with the interest thereon. 4. The appellant/claimant has agreed to accept the above proposal of the respondent/Insurance Company. 5. As agreed upon by both the learned counsel for the parties, this appeal stands dispose of with a direction to the respondent No.2/insurance company to deposit the enhanced additional amount of Rs. 6,00,000/- before the Registry of this Court within a period of 4 (four) weeks from today. 6. On such deposition being made, the substituted claimant Ms. Anjuma Khatun shall be allowed to withdraw the same on proper verification and on identification by the advocate. Page No.# 3/3 7. With the above, this MACApp No. 258/2017 stands disposed of. 8. Send back the records. JUDGE Comparing Assistant