Amina Begum and 2 Ors v. Pulak Deka and Anr

ORDER

09.03.2024 This is an appeal filed by the appellants-claimants against the judgment and award dated 19.07.2023 passed by the Motor Accident Claims Tribunal No.1, Kamrup (for short MACT) in MAC Case No.2671/2016 praying for enhancement of the awarded amount of Rs.15,28,400/-. The claimants are widow, son and mother of the deceased. It is informed that the awarded amount has already been paid to the claimants. Ms. Hena Haflongbar, Assistant Manager of the New India Assurance Company Ltd. and claimant No.1-Smti Amina Begum, claimant No. 2 – Md. Rohit Amin and claimant No. 3 – Smti. Kamala Begum along with their learned counsel, Shri D. Mondal 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.7,75,000/- (Rupees seven lakh and seventy five 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 / lump sum agreed amount of Rs.7,75,000/- (Rupees seven lakh and seventy five thousand) being the full and final settlement before the Registry of this Court within a period of 45 days from today. Page No.# 3/3 The claimants would be at liberty to withdraw the total amount of Rs.7,75,000/- on being properly identified by their learned counsel. The manner of release of the aforesaid amount would be in the following terms:

i. Rs.4,00,000/- is directed to be deposited in a Fixed Deposit scheme in the name of claimant No. 2 – Md. Rohit Amin in any nationalized bank for a period of 5 years. ii. The remaining amount of Rs.3,75,000/- is directed to be released in the name of claimant no. 1 – Smti. Amina Begum.

The appeal is accordingly disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010227292023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./25/2024o AMINAoBEGUMoANDo2oORSo W/OoLATEoRUBULoAMIN.o RESIDENToOFoEASToGOTANAGAR,oADINGIRIoPATH,oMALIGAON,oDISTo KAMRUPoMoASSAM 2:oMD.oROHIToAMIN oS/OoLATEoRUBULoAMIN.o RESIDENToOFoEASToGOTANAGAR oADINGIRIoPATH oMALIGAON oDISToKAMRUPoMoASSAM 3:oSMTIoKAMALAoBEGUM oM/OoLATEoRUBULoAMIN.o RESIDENToOFoEASToGOTANAGAR oADINGIRIoPATH oMALIGAON oDISToKAMRUPoMoASSAo VERSUSo PULAKoDEKAoANDoANRo S/OoSRIoRAMALAoDEKA,o RESIDENToOFoBUDRUKUCHI,oPSoANDoDISToNALBARI,oASSAMo781348 2:NEWoINDIAoASSURANCEoCO.oLTD. oHAVINGoITSoREGIONALoOFFICEoAToSTARoCITYoCOMPLEX o5THoFLOOR oULUBARI oGUWAHATIo07 oREPRESENTEDoBYoTHEoREGIONALoMANAGEo AdvocateoforotheoPetitionerooooo:oMRoDoMONDALo Page No.# 2/3 Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI