Suleka Khatun and 2 Ors v. The State of Assam and 4 Ors

ORDER

02.04.2024 Heard Mr. M. Ahmed, learned counsel for the petitioners. Also heard Mr. G.N. Sahewalla, learned senior counsel assisted by Ms. G. Dughar, learned counsel for the ASTC and Mr. S.R. Baruah, learned Government Advocate for the Page No.# 3/4 respondent Nos. 2 & 3. By preferring the instant writ petition, the petitioners are canvassing the inaction of the respondent authorities in not releasing the compensation award granted in favour of the petitioners vide Judgment & Order dated 27.11.2014 in MAC No. 57/2010. The case of the petitioners is that on 10.12.2009, the husband of the petitioner No. 1 fall down from the Bus of the Assam State Transport Corporation and ultimately succumbed to his injuries on 12.10.2009. Claims accordingly were preferred before the Motor Accident Claims Tribunal, whereupon by Order dated 27.11.2014 in MAC No. 57/2010, an award of Rs. 7,47,500/- with interest @ 6% p.a. was granted in favour of the petitioner/claimant. Since the aforesaid award was not paid, the present writ petition has been preferred. During the pendency of the present writ petition, the principal amount and some amount of interest was paid to the petitioners. It is submitted at the bar that a balance of Rs. 5,68,175/- stands outstanding as on date. Mr. G.N. Sahewalla, learned senior counsel submits on instruction that the remaining balance amount after verification shall be paid to the petitioners within a reasonable period of time. In view of the aforesaid endorsement made by the learned senior counsel appearing for the ASTC, this Court is of the considered view that this writ petition can be disposed of with a direction to the respondent authorities, particularly the respondent Nos. 4 & 5 to pay the balance amount to the Page No.# 4/4 petitioners within a period of 6 months from today. A certified copy of this order be furnished to the respondents. With the above observation and direction, the writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010042512019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1393/2019o SULEKAoKHATUNoANDo2oORS.o WIFEoOFoLATEoMONIRULoISLAM,oR/O.oVILLAGE-oCHARARGAON,oP.O.o RAMDHAMADHABHAT,oP.S.oMANKACHAR,oDIST.-oSOUTHoSALMARAo MANKACHAR,oASSAM,oPIN-o783131. 2:oRIMIoSULTANA oDAUGHTERoOFoLATEoMONIRULoISLAM oREP.oBYoHERoMOTHER oNAMELY oSULEKAoKHATUN oR/O.oVILLAGE-oCHARARGAON oP.O.-oRADHAMADHABHAT oP.S.-oMANKACHAR oDIST.oSOUTHoSALMARAoMANKACHAR oASSAM oPIN-o783131. 3:oMD.oSHAHAJAHANoALI oSONoOFoLATEoMONIRULoISLAM oREPRESENTEDoBYoHISoMOTHER oNAMELY oSULEKAoKHATUN oR/O.oVILLAGE-oCHARARGAON oP.O.oRAMDHAMADHABHAT oP.S.oMANKACHAR oDIST.-oSOUTHoSALMARAoMANKACHAR oASSAM oPIN-o783131o VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REP.oBYoITSoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oGENERALo ADMINISTRATIONoDEPTT.,oDISPUR,oGUWAHATI-781006. Page No.# 2/4 2:THE DEPUTY COMMISSIONER DHUBRI P.O. AND P.S. DHUBRI DIST. DHUBRI ASSAM PIN- 783301. 3:THE CERTIFICATE OFFICER DHUBRI P.O. AND P.S. DHUBRI DIST.- DHUBRI ASSAM PIN- 783001. 4:THE ASSAM STATE TRANSPORT CORPORATION REPRESENTED BY THE MANAGING DIRECTOR ASTC PALTAN BAZAR GUWAHATI-08 KAMRUP(METRO) ASSAM. 5:THE MANAGING DIRECTOR ASSAM STATE TRANSPORT CORPORATION PALTAN BAZAR GUWAHATI-08 KAMRUP(METRO) ASSAM Advocate for the Petitioner : MR. M AHMED Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI