During Lok-Adalat proceedings, the court settled the motor accident claim arising from death in an amicable settlement, dispensing with undisputed evidence rules under the M.V. Act, and quantified the award amount.
Settled amount fixed at Rs. 3,00,000 to be deposited with Registry within 60 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010012342016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp. 72/2016
1:NATIONAL INSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT MIDDLETON STREET, KOLKATA AND ONE OF THE REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI AND ALSO A BRANCH OFFICE AT M.L. NEHRU ROAD, PANBAZAR, GUWAHATI-1
VERSUS
1:ON THE DEATH OF SAHIDON NISA, HER LEGAL HEIRS and 2 ORS, W/O LATE POHNOOR ALI, R/O KOMAR KHATOWAR GAON, P.S. and DIST. JORHAT, ASSAM.
1.1:MD. ARAFAN ALI
R/O KOMAR KHATOWAL GAON P.O. KAKOJAN and DIST. JORHAT ASSAM.
1.2:MD. MUKIBUR RAHMAN
R/O KOMAR KHATOWAL GAON P.O. KAKOJAN and DIST. JORHAT ASSAM.
1.3:MD. BUL HUSSAIN
R/O KOMAR KHATOWAL GAON P.O. KAKOJAN and DIST. JORHAT ASSAM.
1.4:MD. DADUL HUSSAIN
R/O KOMAR KHATOWAL GAON P.O. KAKOJAN and DIST. JORHAT ASSAM.
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2:MISS. LAKHIMANI SAIKIA D/O LT. RAGHURAM SAIKIA C/O HIRENDRALAL CHOUDHURY HOUSE NO.64 BANPHOOL NAGAR PATH DISPUR GHY-6 OWNER OF MARUTI VAN NO.AS-01M/3066. 3:RATUL BORAH S/O LT. AKON CH. BORAH VILL. KAMARKHATOWAL GAON PS. TEOK DIST. JORHAT T/A A.M. ROAD MOKOKCHUNG DRIVER OF MARUTI VAN NO.AS-01M/306
Advocate for the Petitioner : MR. R K BHATRA
Advocate for the Respondent : MR Z ALAM (R1.1-R1.4)
BEFORE
HON’BLE MR. JUSTICE AJIT BORTHAKUR
08.12.2018
This appeal is put up before the National Lok-Adalat.
The claimants along with their learned counsel are present and Mr. Debasish Baruah, Deputy Manager and Mr. Bikram Singh, the Regional Manager of the National Insurance Company are present.
Perused the impugned judgment and award dated 15.11.2006 passed by the learned Member, MACT, Jorhat in MAC Case No. 66/2005.
The issue No. 1 in the aforenoted impugned judgment and award the issue No. 1 was related to the question whether the accident took place due to rash and negligent driving of the offending vehicle No. AS-01M/3066 (Maruti Van). The learned Tribunal answered the issue in a negative.
We have deliberated the issue at length and arrived at an amicable settlement that the M.V. Ac being a beneficial legislation, the strict rules of the evidence Act need not be follow and in view of
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the undisputed fact that the deceased was knocked down to death by the offending vehicle, the insurance company, the issue is not insisted upon.
Therefore, after deliberations at length, the award is settled at Rs. 3,00,000 (Rupees Three Lakhs) minus the amount already paid or deposited.
The awarded amount shall be deposited with the Registry within a period of 60 days from today.
JUDGE
Comparing Assistant
NATIONAL INSURANCE CO. LTD.
SAHIDON NISA LEGAL HEIRS
AJIT BORTHAKUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
