Kishan Mahato @ Kira v. Neeraj Agarwal and Anr

ORDER

09.03.2024 This is an appeal filed by the appellant-claimant against the judgment and award dated 08.08.2017 passed by the Motor Accident Claims Tribunal, Cachar at Silchar (for short MACT, Cachar) in MAC Case No.861/2011 praying for enhancement of the awarded amount of Rs.53,756/-. Ms. Mary Pegu, Regional Manager of the National Insurance Company Ltd. (Insurance Company) and the claimant-Shri Kishan Mahato @ Kira along with his counsel, Shri M Talukdar are present today i.e., 09.03.2024 in the National Lok Adalat. It is submitted that the aforesaid awarded amount has already been deposited by the Insurance Company which is yet to be withdrawn by the claimant. The parties present before this Court jointly submit that the matter has been settled between the parties and an additional lump sum amount Rs.1,50,000/- as full and final settlement has been agreed upon. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the amount of Rs.1,50,000/- being the full and final settlement before MACT, Cachar at Silchar within a period of 45 days from today. The claimant would be at liberty to withdraw the entire amount, including the aforesaid lump sum amount on being properly identified by his learned counsel. Page No.# 3/3 Send back the LCR, if any.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010006542017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./316/2018o KISHANoMAHATOo@oKIRAo S/OoLATEoBHUKHALUoMAHATOo PERMANENToRESIDENToOFoVILL.oTARSANoSUMERAo,P.O.oDIHo KHARAUNAo,P.S.oKUDHANI,oDIST.oMUJAFFARPURo,BIHAR.o PRESENToADDRESS.oC/OoSRIoBALESHWARoSINGHo,oVILL.oRONGPURoPT.oIV,o P.O.oRANGPUR,oP.S.oSILCHAR,oDIST.oCACHAR,oASSAM VERSUSo NEERAJoAGARWALoandoANR.o S/OoSRIoPAWANoKRo.AGARWALo SONALoROADo,P.O.oSILCHARo,oP.S.oSILCHARo,oDIST.oCACHAR,oASSAM.oPINo CODE.788006 2:NATIONALoINSURANCEoCO.oLTD oREPRESENTEDoBYoITSoDIVISIONALoMANAGERoSILCHARoDIVISIONALo OFFICE oCAPITALoTRAVELSoBUILDING oCLUBoROADo P.O.oSILCHAR oSILCHAR-o788001 oDIST.oCACHAR oASSAo AdvocateoforotheoPetitionerooooo:oMR.oMoTALUKDARo AdvocateoforotheoRespondento:oMR.oBoKoPURKAYASTHAo(R2)oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI