Sri Jogananda Deury v. Maynul Khan and 2 Ors

ORDER

09.03.2024 This is an appeal filed by the appellant-claimant against the judgment and award dated 19.11.2018 passed by the Motor Accident Claims Tribunal No.1, Kamrup (for short MACT) in MAC Case No.64/2012 praying for enhancement of the awarded amount of Rs.2,37,000/-. It is submitted that the Insurance Company has already been deposited the said amount. Ms. Hena Haflongbar, Assistant Manager of the New India Assurance Company Ltd. and claimant – Mrigen Nath Deury (father of the claimant) and his learned counsel, Shri J. Paul are present today i.e., 09.03.2024 in the National Lok Adalat. The parties present before this Court jointly submit that the matter has been settled outside the Court and a lump sum amount of Rs.2,50,000/- (Rupees two lakh and fifty thousand) as full and final settlement has been agreed upon. Page No.# 3/3 In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the additional agreed amount of Rs.2,50,000/- (Rupees two lakh and fifty thousand) being the full and final settlement before the Registry of this Court within a period of 45 days from today. The claimant would be at liberty to withdraw the additional agreed amount of Rs.2,50,000/- (Rupees two lakh and fifty thousand) on being properly identified by his learned counsel. The appeal is accordingly disposed of. Sent back the LCR. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010096272019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./54/2020o SRIoJOGANANDAoDEURYo S/O-oSRIoMRIGENoNATHoDEURY,oR/O-oVILL.-oFATASIL,oDATALPARA,oP.O.o ANDoP.S.oFATASIL,oDHIRENPARA,oDIST.-oKAMRUP(M),oASSAM.o GUWAHATI25,oREP.oBYoHISoFATHERoANDoNATURALoGUARDIAN,oSRIo MRIGENDRAoNATHoDEURY,oS/O-oLATEoUPENDRAoNATHoDEURY. VERSUSo MAYNULoKHANoANDo2oORSo S/O-oMALAMoKHAN,oR/O-oVILL.-oKENDERPARA,oP.S.oANDoDIST.-oBARPETA,o ASSAM,oPIN-o781314,oAToPRESENToRESIDINGoAToDHIRENPARA,oP.S.oFATASILo AMBARI,oKAMRUP(M),oASSAM.o(DRIVERoOFoTHEoOFFENDINGoVEHICLE). 2:SRIoSANKARoMAHATO oS/O-oLATEoMANOJoMAHATO oR/O-oA.T.oROAD oP.O.oBHARALUMUKH o5oNO.oGATE oP.S.oBHARALUMUKH oGUWAHATI-9 oDIST.-oKAMRUP(M) oASSAM oPIN-o781009.o(OWNERoOFoTHEoOFFENDINGoVEHICLE). 3:NEWoINDIAoASSURANCEoCOMPANYoLIMITED oREP.oBYoITSoCHAIRMAN oREGISTEREDoHEADoOFFICEoAToNEWoINDIAoASSURANCEoCOMPANYo BUILDING o87 oMAHATMAoGANDHIoROAD oEASToMUMBAI Page No.# 2/3 PIN- 400001. 4:THE MANAGER NEW INDIA ASSURANCE COMPANY LIMITED NORTH EASTERN REGIONAL OFFICE G.S. ROAD BHANGAGARH GUWAHATI- 781005 Advocate for the Petitioner : Advocate for the Respondent : U U KHAN (R-1) BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI