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2025 DAILYLAW 22441 (GAU)

SAFIYA @ SAFIA BEGUM AND 4 ORS. v. THE NEW INDIA ASSURANCE COMPANY LTD AND 2 ORS.

MACApp./456/2023 · 2025-06-13

Sanjay Kumar Medhi

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Judgment text

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Page No.# 1/3 GAHC010280312023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./456/2023 SAFIYA @ SAFIA BEGUM AND 4 ORS. W/O LATE RAFIK ALI @ BHAITI, VILL.- NO. 2, JAMBARI, P.O. AND P.S. BOKO- 781123, DIST.- KAMRUP (ASSAM). 2: RAJIB AHMED S/O LATE RAFIK ALI @ BHAITI VILL.- NO. 2 JAMBARI P.O. AND P.S. BOKO- 781123 DIST.- KAMRUP (ASSAM). (BEING MINOR REP. BY HIS MOTHER APPELLANT NO. 1). 3: FARIHA WAHID D/O LATE RAFIK ALI @ BHAITI VILL.- NO. 2 JAMBARI P.O. AND P.S. BOKO- 781123 DIST.- KAMRUP (ASSAM). (BEING MINOR REP. BY HIS MOTHER APPELLANT NO. 1). 4: AACHIRAN @ ACHIRAN BIBI W/O CHAMIR ALI @ MD. SAMIR ALI VILL.- NO. 2 JAMBARI P.O. AND P.S. BOKO- 781123 DIST.- KAMRUP (ASSAM). 5: CHAMIR ALI @ MD. SAMIR ALI Page No.# 2/3 S/O LATE MERO @ MEO SHEIKH VILL.- NO. 2 JAMBARI P.O. AND P.S. BOKO- 781123 DIST.- KAMRUP (ASSAM) VERSUS THE NEW INDIA ASSURANCE COMPANY LTD AND 2 ORS. G.S. ROAD, ULUBARI, GUWAHATI- 781007. 2:SUCHIL KALITA S/O BHABEN KALITA VILL.- PACHIM KRISHNA KANTA HANDIQUE NAGAR HOUSE NO. 38 KAHILIPARA (NEAR BIHU FILED) P.O.- KAHILIPARA GUWAHATI- 781019 DIST.- KAMRUP (M) (ASSAM). 3:KHAIBOR ALI S/O KOSIR ALI VILL.- NO. 1 JAMBARI P.O. BOKO- 781123 DIST.- KAMRUP (ASSAM) Advocate for the Petitioner : MR. A R AGARWALA, MS. R LAILA,MR ADITYA AGARWALA,MD. K ALI Advocate for the Respondent : MR F HAQUE (R-3), MS. P BORTHAKUR (R-1),MS. M SAIKIA (R-1),MR. R GOSWAMI (R-1),MR. S K M ALOMGIR (R-3),MR A ISLAM (R-3) 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 11.09.2023 passed by the Learned Member, Motor Page No.# 3/3 Accident Claims Tribunal, Kamrup, Amingaon in MAC Case No. 37/2021 praying for enhancement of the awarded amount. 2. Ms. Hena Haflongbar, Assistant Manager of the New India Assurance Company (Insurance Company) and the claimant No.1 – Safiya @ Safia Begum along with her learned counsel, Shri AR Agarwala 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.3,00,000/- 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.3,00,000/- 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 of Rs.3,00,000/- on being properly identified by her learned counsel. 6. The appeal stands disposed of. 7. Send back the LCR, if any. JUDGE Comparing Assistant