Piyara Bibi and 5 Ors v. United India Insurance Company Ltd. and 2 Ors. H

ORDER

14.09.2024 Page No.# 3/4 The appeal has been filed by the appellants-claimants against the judgment and award dated 03.02.2022 passed by the Learned Member, Motor Accident Claims Tribunal, Bongaigaon in MAC Case No. 06/2019 praying for enhancement of the awarded amount of Rs.12,08,420/-.

¶2Shri A. Munin Choudhury, Regional Manager of the United India Insurance Company Ltd. (for short Insurance Company) and the claimant no. 1 – Piyara Bibi, claimant no. 2 – Rakibul Islam, claimant no. 3 – Md. Rafikul Islam and claimant no. 4 – Rejaul Hoque along with his learned counsel, Shri AN Iqbal are present today i.e., 14.09.2024 in the National Lok Adalat.

¶3The parties present before this Court jointly submit that the matter has been settled between the parties and an additional amount of Rs.4,50,000/- has been agreed upon.

¶4In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the additional amount of Rs.4,50,000/- being the full and final settlement before the Motor Accident Claims Tribunal, Bongaigaon within a period of 45 days from today.

¶5The manner of release of the aforesaid amount would be in the following terms:

i) Out of the aforesaid awarded amount of Rs.4,50,000/-, Rs.1,50,000/- is directed to be released to the claimant no. 1 – Piyara Bibi (wife) and Rs.75,000/- each is directed to be released to the claimant no. 5 – Bachiran Bibi (mother) and the claimant no. 6 – Abdul Chattar (father) and an amount of Rs.50,000/- each is directed to be deposited in a Fixed Deposit scheme in the names of Page No.# 4/4 claimant no. 2 – Rakibul Islam, claimant no. 3 – Md. Rafikul Islam and claimant no. 4 – Rejaul Hoque (all are sons of the deceased) in any nationalized bank for a period of 3 years.

¶6The claimant nos.1, 5 and 6 would be at liberty to withdraw the aforesaid amount on being properly identified by their learned counsel.

¶7Send back the LCR. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010117982022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./326/2023o PIYARAoBIBIoANDo5oORS.o W/OoLATEoBAKKARoALIoRESIDENToOFoVILLAGEoNO.o1oKAWADI,POo PATILADOHA,oPSoMANIKPUR,oDISToBONGAIGAON,oASSAM 2:oRAKIBULoISLAM oS/OoLATEoBAKKARoALIo RESIDENToOFoVILLAGEoNO.o1oKAWADI POoPATILADOHA oPSoMANIKPUR oDISToBONGAIGAON oASSAMo TOoBEoREP.oBY.oPET.oNO.o1 3:oMD.oRAFIKULoISLAM oS/OoLATEoBAKKARoALIo RESIDENToOFoVILLAGEoNO.o1oKAWADI POoPATILADOHA oPSoMANIKPUR oDISToBONGAIGAON oASSAMo TOoBEoREP.oBY.oPET.oNO.o1 4:oREJAULoHOQUE oS/OoLATEoBAKKARoALIo RESIDENToOFoVILLAGEoNO.o1oKAWADI POoPATILADOHA oPSoMANIKPUR oDISToBONGAIGAON oASSAMo TOoBEoREP.oBY.oPET.oNO.o1 5:oBACHIRANoBIBI oW/OoLATEoABDULoCHATTARo RESIDENToOFoVILLAGEoNO.o1oKAWADI Page No.# 2/4 PO PATILADOHA PS MANIKPUR DIST BONGAIGAON ASSAM 6: ABDUL CHATTAR S/O LATE GOFUR ALI RESIDENT OF VILLAGE NO. 1 KAWADI PO PATILADOHA PS MANIKPUR DIST BONGAIGAON ASSA VERSUS UNITED INDIA INSURANCE COMPANY LTD. AND 2 ORS. H REPRESENTED BY ITS DIVISIONAL MANAGER, BONGAIGAON DIVISION, BONGAIGAON, ASSAM 783380 2:M/S GALEXY ENTERPRISE PROPRIETOR NAREN TAMULY NAHARKATIA DIGHALA PATHER NAHARKATIA DIBRUGARH DIST BONGAIGAON ASSAM 786602 3:ROHIT MANKI S/O RAJAN MANKI C/O NAREN TAMULY NAHARKATIA DIGHALA PATHER NAHARKATIA DIBRUGARH DIST BONGAIGAON ASSAM 78660 Advocate for the Petitioner : MR. J RAHMAN, MR. A BURAGOHAIN,MR. M KHAN Advocate for the Respondent : MR. K K BHATTA (r-1), BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI