BAHARI KHATUN AND 3 ORS v. NEW INDIA ASSURANCE COMPANY LTD
MACApp./535/2024 · 2025-06-13
Sanjay Kumar Medhi
body2025
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[ 2025 DAILYLAW 19026 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19026 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010204402024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./535/2024 BAHARI KHATUN AND 3 ORS W/O. LATE FAZAL HOQUE (WIFE OF THE DECEASED) VERSUS NEW INDIA ASSURANCE COMPANY LTD REPRESENTED BY ITS DIVISIONAL MANAGER, BONGAIGAON DIVISION OFFICE, P/O. AND P/S. BONGAIGAON, DIST.- BONGAIGAON, ASSAM, PIN-
783380.
2:SHAJEDA KHANTUN W/O. LATE SAIYAD ALI (MOTHER OF THE DECEASED) 3:MAMINUR HASAN S/O. LATE FAZAL HOQUE (MINOR SON OF THE DECEASED) 4:MONJURUL HAQUE S/O. LATE FAZAL HOQUE(MINOR SON OF THE DECEASED) ALL ARE R/O VILL.- JOYPUR P/O. AND P/S. HOWLY DIST.- BARPETA ASSAM PIN-781316. (AS THE APPELLANT NO. 3 AND 4 ARE MINOR THEREFORE THEY ARE REPRESENTED BY THE APPELLANT NO.1 AS A NATURAL GUARDIAN Advocate for the Petitioner : MR. R Deka, S I AKAND Advocate for the Respondent : MR SISHIR DUTTA (R-1), MS S MOCHAHARI(R-1),MR. S DUTTA(R-1),MR S DUTTA(R-1)
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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 25.06.2024 passed by the Learned Member, Motor Accident Claims Tribunal, Barpeta in MAC Case No. 148/2021 praying for enhancement of the awarded amount of Rs.12,11,000/-.
2. Ms. Hena Haflongbar, Assistant Manager of the New India Assurance Company (Insurance Company) and the claimant No.1 – Bahari Khatun, claimant No. 2 – Shajeda Khatun, claimant No. 3 - Maminur Hasan and claimant No. 4 – Monjurul Haque along with their learned counsel, Shri SI Akand 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.5,00,000/- has been agreed upon.
4. In view of the above, the application stands closed with a direction that the Insurance Company shall deposit the additional amount of Rs.5,00,000/- being the full and final settlement before the Motor Accident Claims Tribunal, Barpeta within a period of 45 days from today.
5. The manner of release of the entire amount of would be in the following terms: i) Out of the aforesaid awarded amount, Rs.5,00,000/- is directed to be released to the claimant No. 2 – Shajeda Khatun (mother of the deceased); Rs.2,50,000/- each is directed to be deposited in a Fixed
Page No.# 3/3 Deposit scheme in the names of claimant No.3 – Maminur Hasan and claimant No. 4 – Monjurul Haque, who are minors (sons of the deceased) to be represented by their mother, in any nationalized bank for a period of 3 years with a renewable clause and the remaining amount is directed to be released to the claimant No. 1 – Bahari Khatun (wife of the deceased).
6. The claimant Nos. 1 and 2 would be at liberty to withdraw the aforesaid amount on being properly identified by their learned counsel.
7. The appeal stands disposed of.
8. Send back the LCR, if any. JUDGE Comparing Assistant