On a motorcycle accident compensation appeal, the Gauhati High Court closed the matter as the parties settled outside the court for Rs. 11.50 lakhs. The appellant-insurer was directed to deposit the amount.
Appellant to deposit Rs. 11,50,000 settlement amount with Tribunal; statutory deposit to be returned.
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GAHC010116992018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp. 495/2018
1:M/S BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED M/S Bajaj Allianz General Insurance Company Limited Registered and Head Office at GE Plaza Airport Road Nerada Pune - 411006 and North Eastern Regional Office at Sreeji Tower 2nd Floor C/ Gauhati Tea Ware housing Pvt. Ltd. Adjacent to Mahindra Showroom Christian basti Guwahati Pin-781005 Kamrup Metropolitan District Assam
VERSUS
1:SMTI KALYANI RABHA AND 5 ORS Village-Kothalbari (Hirabari) P.S.-Tangla P.O.-Udalguri PIN-784509 District- Udalguri B.T.A.D. Assam 2:Sri Uday Shankar Rabha Son of Late Siran rabha Village-Kothalbari (Hirabari) P.S.-Tangla P.O.-Udalguri PIN-784509
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District- Udalguri B.T.A.D. Assam 3:Smti. Kamaleswari Rabha Wife of Sri Bijoy Rabha Village-Kothalbari (Hirabari) P.S.-Tangla P.O.-Udalguri PIN-784509 District- Udalguri B.T.A.D. Assam
4:Sri. Bijoy Rabha Son of Unknown Village-Kothalbari (Hirabari) P.S.-Tangla P.O.-Udalguri PIN-784509 District- Udalguri B.T.A.D. Assam 5:Sri Laba Kumar deka Son of Late Hara Kanta Deka Resident of D.K. Debnath Opposite Gyan School kali mandir road Jyotikuchi Guwahati-781034 District-Kamrup metro Assam. -Owner of Vehicle No.AS-01-BM-3717-motorcycle
6:Sri Lakshi Ram Boro Son of Sri P.R. Boro Resident of Village- Nalbari P.O.-Khagrabari PIN-784509 District Udalguri B.T.A.D Assam-Driver of Vehicle No.AS-01-BM-3717-motorcycle
Advocate for the Petitioner : MR. P HAZARIKA Advocate for the Respondent :
Linked Case : I.A.(Civil) 1941/2018
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1:M/S Bajaj Allianj General Insurance Company Ltd.
M/S Bajaj Allianz General Insurance Company Limited, Registered and Head Office at GE Plaza, Airport Road, Nerada, Pune - 411006 and North Eastern Regional Office at Sreeji Tower, 2nd Floor, C/ Gauhati Tea Ware housing Pvt. Ltd., Adjacent to Mahindra Showroom, Christian basti, Guwahati, Pin-781005, Kamrup Metropolitan District, Assam
VERSUS
1:SMTI KALYANI RABHA AND 5 ORS
Village-Kothalbari (Hirabari), P.S.-Tangla, P.O.-Udalguri, PIN-784509, DistrictUdalguri, B.T.A.D., Assam
2:Sri Uday Shankar Rabha Son of Late Siran rabha Village-Kothalbari (Hirabari) P.S.-Tangla P.O.-Udalguri PIN-784509 District- Udalguri B.T.A.D. Assam
3:Smti. Kamaleswari Rabha Wife of Sri Bijoy Rabha Village-Kothalbari (Hirabari) P.S.-Tangla P.O.-Udalguri PIN-784509 District- Udalguri B.T.A.D. Assam
4:Sri. Bijoy Rabha Son of Unknown Village-Kothalbari (Hirabari) P.S.-Tangla P.O.-Udalguri PIN-784509 District- Udalguri B.T.A.D. Assam
5:Sri Laba Kumar deka
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Son of Late Hara Kanta Deka Resident of D.K. Debnath Opposite Gyan School kali mandir road Jyotikuchi Guwahati-781034 District-Kamrup metro Assam. -Owner of Vehicle No.AS-01-BM-3717-motorcycle 6:Sri Lakshi Ram Boro Son of Sri P.R. Boro Resident of Village- Nalbari P.O.-Khagrabari PIN-784509 District Udalguri B.T.A.D Assam-Driver of Vehicle No.AS-01-BM-3717-motorcycl
Advocate for the Petitioner : MR. P HAZARIKA
Advocate for the Respondent : MR. N DEBNATH
Linked Case : I.A.(Civil) 1946/2018
1:M/S Bajaj Allianj General Insurance Company Ltd. M/S Bajaj Allianz General Insurance Company Limited Registered and Head Office at GE Plaza Airport Road Nerada Pune - 411006 and North Eastern Regional Office at Sreeji Tower 2nd Floor C/ Gauhati Tea Ware housing Pvt. Ltd. Adjacent to Mahindra Showroom Christian basti Guwahati Pin-781005 Kamrup Metropolitan District Assam
VERSUS
1:SMTI KALYANI RABHA AND 5 ORS Village-Kothalbari (Hirabari) P.S.-Tangla
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P.O.-Udalguri PIN-784509 District- Udalguri B.T.A.D. Assam
2:Sri Uday Shankar Rabha Son of Late Siran rabha Village-Kothalbari (Hirabari) P.S.-Tangla P.O.-Udalguri PIN-784509 District- Udalguri B.T.A.D. Assam 3:Smti. Kamaleswari Rabha Wife of Sri Bijoy Rabha Village-Kothalbari (Hirabari) P.S.-Tangla P.O.-Udalguri PIN-784509 District- Udalguri B.T.A.D. Assam 4:Sri. Bijoy Rabha Son of Unknown Village-Kothalbari (Hirabari) P.S.-Tangla P.O.-Udalguri PIN-784509 District- Udalguri B.T.A.D. Assam
5:Sri Laba Kumar deka Son of Late Hara Kanta Deka Resident of D.K. Debnath Opposite Gyan School kali mandir road Jyotikuchi Guwahati-781034 District-Kamrup metro Assam. -Owner of Vehicle No.AS-01-BM-3717-motorcycle
6:Sri Lakshi Ram Boro Son of Sri P.R. Boro
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Resident of Village- Nalbari P.O.-Khagrabari PIN-784509 District Udalguri B.T.A.D Assam-Driver of Vehicle No.AS-01-BM-3717-motorcycle
Advocate for the Petitioner : MR. P HAZARIKA Advocate for the Respondent :
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 25-11-2019
Heard Mr. P. Hazarika, learned counsel for the appellant and Mr. N. Debnath, learned counsel appearing for respondent nos. 1 – 4.
This appeal under Section 173, Motor Vehicles Act, 1988, as amended, is against the judgment and award dated 10.07.2017 passed by the learned Member, Motor Accident Claims Tribunal, Kamrup (M), Guwahati (“the Tribunal”, in short) in MAC Case No. 2324/2015.
By the judgment and award dated 10.07.2017, the learned Tribunal had awarded an amount of Rs. 14,63,000/- as compensation along with interest of 6% per annum from the date of filing of the claim application in favour of the claimants therein, who are the respondent nos. 1 – 4 in the present appeal.
It is submitted by both Mr. Hazarika, learned counsel for the appellant and Mr. Debnath, learned counsel for respondent nos. 1 – 4 that the matter has been settled between the parties through negotiation outside the Court. It has been decided between the parties that an amount of Rs. 11,50,000/- (Rupees Eleven Lakhs and Fifty Thousand) only shall be the full and final settlement amount, which shall be paid by the appellant-insurer to the respondent nos. 1-4-claimants. Mr. Hazarika, learned counsel has produced a letter dated 21.10.2019, addressed to him by the appellant-insurer, reporting the afore-mentioned
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settlement.
Both the learned counsel have submitted, in unison, that in view of the settlement so arrived at by the parties, this appeal along with the connected interlocutory applications, may be closed recording the aforesaid fact. Accordingly, in view of the full and final settlement arrived at between the parties in the afore-mentioned terms, this appeal stands closed.
A copy of the letter dated 21.10.2019 is kept in the record of this appeal.
The appellant shall deposit the full and final settlement amount of Rs. 11,50,000/before the learned Tribunal within a period of 1 (one) month from today. On such deposit, the same shall be disbursed to the claimants on their due identification.
The statutory deposit of Rs. 25,000/- deposited by the appellant, at the time of filing the appeal, is to be returned accordingly.
JUDGE
Comparing Assistant
M/S Bajaj Allianz General Insurance Company Limited
Smti Kalyani Rabha
Sri Uday Shankar Rabha
Smti Kamaleswari Rabha
Sri Bijoy Rabha
Manish Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
