Amjat Ali and 3 Ors v. Jahirul Islam Bhuyan and 2 Ors

ORDER

09.03.2024 This is an appeal filed by the appellants-claimants against the judgment and award dated 20.05.2023 passed by the Motor Accident Claims Tribunal, Barpeta (for short MACT) in MAC Case No.293/2021 praying for enhancement of the awarded amount of Rs.4,10,000/- along with 9% interest. Ms. Hena Haflongbar, Assistant Manager of the New India Assurance Company Ltd. and claimant No.1 - Amjat Ali (husband of the deceased), Page No.# 3/4 claimant No. 2 – Md. Sanowar Ali (minor son of the deceased) and claimant No. 3 – Ayesha Siddiqua (minor daughter of the deceased) and their learned counsel, Shri S.I. Akand 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 an additional amount of Rs.10,50,000/- (Rupees ten lakh and fifty thousand) 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 additional agreed amount of Rs.10,50,000/- (Rupees ten lakh and fifty thousand) being the full and final settlement before the learned MACT, Barpeta within a period of 45 days from today. The claimants would be at liberty to withdraw the total amount of Rs.10,50,000/- on being properly identified by their learned counsel. The manner of release of the aforesaid amount would be in the following terms:

i. Rs.1,00,000/- is directed to be deposited in a Fixed Deposit scheme in the name of claimant No. 2 – Md. Sanowar Ali (minor son of the deceased) in any nationalized bank for a period of 3 years. ii. Rs.1,00,000/- is directed to be deposited in a Fixed Deposit scheme in the name of and claimant No. 3 – Ayesha Siddiqua (minor daughter of the deceased) in any nationalized bank for a period of 5 years. iii. Rs.1,00,000/- is directed to be released in the name of claimant no. 4 – Manikjan Nessa (mother). Page No.# 4/4 iv. The remaining amount of Rs.7,50,000/- is directed to be released in favour of the claimant no. 1-Amjat Ali. The appeal is accordingly disposed of. Sent back the LCR. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010187842023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./444/2023o AMJAToALIoANDo3oORS.o S/OoLATEoCHANBARoALIo (HUSBANDoOFoTHEoDECEASED)oRESIDENToOFoVILLAGEoANDoPOo BHOGDIA,PSoSARTHEBARI,oDISToBARPETA,oASSAM,o781305 2:oMD.oSONOWARoALI oS/OoAMJADoALIo (MINORoSONoOFoTHEoDECEASED)oRESIDENToOFoVILLAGEoANDoPOo BHOGDIA PSoSARTHEBARI oDISToBARPETA oASSAM o781305o TOoBEoREP.oBY.oPET.oNO.o1 3:oAYESHAoSIDDIQUA oD/OoAMJADoALIo (MINORoDAUGHEToOFoTHEoDECEASED)oRESIDENToOFoVILLAGEoANDoPOo BHOGDIA PSoSARTHEBARI oDISToBARPETA oASSAM o781305o TOoBEoREP.oBY.oPET.oNO.o1 4:oMANIKJANoNESSA oW/OoLATEoCHANBARoALI o (MOTHERoINoLAWoOFoTHEoDECEASED)oRESIDENToOFoVILLAGEoANDoPOo BHOGDIA PSoSARTHEBARI oDISToBARPETA oASSAM o78130o Page No.# 2/4 VERSUS JAHIRUL ISLAM BHUYAN AND 2 ORS. S/O FAZAL HOQUE BHUYAN, RESIDENT OF SONKUCHI, PO SONKUCHI, PS AND DIST BARPETA, ASSAM 781314 2:VIPUL DAS S/O CHANDRA DAS RESIDENT OF VILLAGE DEURIKUCHI PO SONKUCHI PS AND DIST BARPETA ASSAM 781314 3:THE NEW INDIA ASSURANCE CO. LTD. REPRESENTED BY THE BRANCH MANAGER BONGAIGAON BRANCH CHAPAGURI ROAD BONGAIGAON TOWN DIST BONGAIGAON ASSAM 78338 Advocate for the Petitioner : S I AKAND Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI