Case set on National Lok Adalat. Parties amicably settled for Rs. 9,63,000/-; respondent directed to deposit balance amount to court registry for disbursement to appellants.
Directed Insurance Company to deposit Rs. 4,70,000 to court registry within 45 days for disbursement to appellants.
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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GAHC010003482015
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./599/2022
MUSTT SHUKURI BEGUM and 4 ORS W/O LATE BAHARUL ISLAM
2: MD. SAMED ALI
S/O LATE OMAR ALI
3: MUSTT. ROHIMA KHATUN
W/O MD. SAMED ALI
4: MD. SUKUR ALI
S/O LATE BAHARUL ISLAM
5: ASMA KHATUN
D/O LATE BAHARUL ISLAM THE CLAIMANT /APPELLANTS NO. 4 AND 5 ARE MINOR AND THEY ARE REPRESENTED BY THEIR MOTHER I.E. APPELLANT NO. 1 MUSTT. SHUKURI BEGUM ALL ARE R/O VILL. BAGHMARA P.O. KAWATIKA P.S. BIJNI DIST. CHIRANG BTAD ASSAM
VERSUS
THE BRANCH MANAGER NATIONAL INSURANCE COMPANY LIMITED and 2 ORS
NATIONAL INSURANCE CO. LTD. MOTILAL NEHRU ROAD, PANBAZAR, GUWAHATI, REPRESENTED BY THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., BONGAIGAON DIVISION, INDIRA GANDHI ROAD,
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P.O. and DIST. BONGAIGAON, ASSAM. INSURER OF THE VEHICLE BEARING REGD NO. AS-01-X/7572 TRUCK VIDE POLICY NO. 200102/31/09/6700003046 AND VALID UPTO 12.11.2010
2:M/S T.D. CONSTRUCTION CO. PVT. LTD.
MAHARANIPATH DISPUR GUWAHATI OWNER OF THE VEHICLE BEARING REGD. NO. AS-01-X/7572 TRUCK
3:KUSHAL BORO
S/O LATE JOY RAM BORO VILL. VAHUJA P.O. BHALIKHOLA P.S. BOKO DIST. KAMRUP
ASSAM DRIVER OF THE VEHICLE BEARING REGD. NO. AS-01-X/7572 TRUCK VIDE D/L NO. AS-0119870069155 AND VALID UPTO 31.12.2011 ISSUED BY THE D.T.O. KAMRUP R and L GUWAHATI
Advocate for the Petitioner : MR. S BISWAS
Advocate for the Respondent : MR. N M DUTTA (r-1)
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 11.05.2024
The case is put up before the National Lok Adalat.
The appellants, namely, Mustt Shukuri Begum and Mustt. Rohima Khatun are present. Md. Samed Ali has already expired and other two appellants, namely, Md. Sukur Ali and Asma Khatun who are the children of the appellant No.1 are represented by the appellant No.1.
The National Insurance Company Limited is represented by Ms. Mery Pegu, Regional Manager of the said Company.
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This case is amicably settled between the parties at an amount of Rs. 9,63,000/-. Out of which, Rs. 4,93,000/- have already been paid.
Considering the settlement reached between the parties, the Insurance Company is directed to deposit the amount of Rs. 4,70,000/- to the Registry of this Court within a period of 45 days from the date of this order and on such deposit, the Registry shall disburse the said amount to the claimants, namely, Mustt Shukuri Begum, Mustt. Rohima Khatun, Md. Sukur Ali and Asma Khatun, on proper verification of their identity as well as verification of their bank details.
The statutory deposit, if any, deposited by the appellant, may be returned back to the appellant by the Registry of this Court.
With above observation, this case is disposed of.
JUDGE
Comparing Assistant
Mustt Shukuri Begum and others
National Insurance Company Limited and others
Mridul Kumar Kalita
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
