Page No.# 1/3 GAHC010045012023 2025:GAU-AS:2885 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/634/2023 SMTI. HIMESHWARI SAIKIA AND ANR. W/O SRI HIMESWAR SAIKIA, R/O VILL-NO.1 MAZGAON VTC NO.1, BOKANADI, P.O.-FULBARI, BOKANADI, DIST-LAKHIMPUR, ASSAM 2: HIMESHWAR SAIKIA S/O LATE LOHESWAR SAIKIA R/O VILL-NO.1 MAZGAON VTC NO.1 BOKANADI P.O.-FULBARI BOKANADI DIST-LAKHIMPUR ASSA VERSUS SMTI HEMADA SAIKIA AND ANR W/O LATE TAPURAM SAIKIA, R/O VILL NO. 1 MAZGAON PHULBARI, P.O.- BOKANADI, P.S.-LALUK, DIST-LAKHIMPUR, ASSAM 2:DIBYAJYOTI SAIKIA S/O LATE TAPURAM SAIKIA R/O VILL NO. 1 MAZGAON PHULBARI P.O.-BOKANADI P.S.-LALUK DIST-LAKHIMPUR ASSA Advocate for the Petitioner : MR D MONDAL, MR. R BARBHUYAN,MR. U BARMAN Advocate for the Respondent : MR. N D BHUYAN (r-1), MR. A. M. SIDDIQUE (r-2),MR S DUSAD (r-2),MR P D BHUYAN (r-2),MR. N D BHUYAN (r-2),MR P D BHUYAN (r-1) Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 18.03.2025 Heard Mr. D. Mondal, learned counsel for the applicants. Also heard Mr. P. D. Bhuyan, learned counsel for the respondent Nos. 1 and 2. 2. This application is filed under Section 151 of the Code for review, recalling, and modification of the Order dated 12.11.2022, passed in MAC Appeal No. 745/2022. 3. Mr. Mondal, learned counsel for the applicants, has submitted that the Insurance Company, as an appellant, had challenged the Judgment dated 03.10.2015, passed by the learned Member, MACT No.1, Kamrup, Guwahati, in MAC Case No. 1655/2003 [2080/2003]. Subsequently, the appeal (MAC Appeal No. 745/2022) was placed before the National Lok Adalat, and the matter was settled on 12.11.2022 for an amount of Rs. 18,00,000/- (Rupees eighteen lakhs only), including interest, as full and final settlement. However, in the said appeal, the present applicants were not made parties, despite being entitled to compensation for their deceased son, Lt. Tapuram Saikia. Upon learning about the settlement and the award, the applicants, i.e., the parents of the deceased, have filed the instant application, praying for modification/review of the order dated 12.11.2022, passed in MAC Appeal No. 745/2022, claiming their share of the awarded amount as the parents/dependents of the deceased. 4. On the other hand, Mr. Bhuyan, learned counsel for respondent Nos. 1 and 2/claimants in MAC Case No. 1655/2003 [2080/2003] and respondents in MAC Appeal No. 745/2022, has submitted via affidavit-in-opposition that both Page No.# 3/3 respondents are ready and willing to give Rs. 4,00,000/- (Rupees four lakhs) only out of the settled amount of Rs. 18,00,000/- (Rupees eighteen lakhs) only to the present applicants, i.e., the parents of the deceased. This amount is still lying in the office of the learned Member, MACT No.1, Kamrup, Guwahati. 5. Mr. Mondal, learned counsel for the applicants, has submitted that he has no objection if Rs. 4,00,000/- (Rupees four lakhs) only out of the settled amount is given to the present applicants and that they are ready and willing to accept the amount. 6. In view of this, the learned Member, MACT No.1, Kamrup, Guwahati, is hereby directed to release Rs. 4,00,000/- (Rupees four lakhs) only in favor of the present applicants/parents of the deceased from the settled amount of Rs. 18,00,000/- (Rupees eighteen lakhs) only upon proper verification of the applicants’ bank details, Aadhaar Card, PAN Card, etc. The remaining balance amount of Rs. 14,00,000/- (Rupees fourteen lakhs only) may be released in favor of respondent Nos. 1 and 2 accordingly. 7. Further, the order dated 21.03.2023, granting a stay, stands vacated in terms of the above. 8. With the above observations, this interlocutory application stands disposed of. 9. A copy of this order may be sent to the learned Member, MACT No.1, Kamrup, Guwahati, for information and necessary action. JUDGE Comparing Assistant