Disposed

Suleka Khatun and 2 Ors. v. the State of Assam and 4 Ors.

Gauhati HC1 Apr 2024WP(C)/1393/2019

Case brief

AI extract

What is this about?

Family of a man who died after falling from an ASTC bus sought payment of a Motor Accident Claims Tribunal award that remained partly unpaid. The ASTC undertook to pay the outstanding balance after verification, and the court directed payment of the balance within six months.

What did the court decide?

Direction to respondents 4 and 5 to pay the outstanding balance of the MAC award within 6 months.

Suleka Khatun and 2 Ors. Vs the State of Assam and 4… — Motor Accident Claims | Gauhati HC (2024)

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GAHC010042512019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/1393/2019

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SULEKA KHATUN AND 2 ORS.

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WIFE OF LATE MONIRUL ISLAM, R/O. VILLAGE- CHARARGAON, P.O. RAMDHAMADHABHAT, P.S. MANKACHAR, DIST.- SOUTH SALMARA MANKACHAR, ASSAM, PIN- 783131.

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2: RIMI SULTANA

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DAUGHTER OF LATE MONIRUL ISLAM REP. BY HER MOTHER NAMELY SULEKA KHATUN R/O. VILLAGE- CHARARGAON P.O.- RADHAMADHABHAT P.S.- MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN- 783131.

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3: MD. SHAHAJAHAN ALI

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SON OF LATE MONIRUL ISLAM REPRESENTED BY HIS MOTHER NAMELY SULEKA KHATUN R/O. VILLAGE- CHARARGAON P.O. RAMDHAMADHABHAT P.S. MANKACHAR DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN- 783131

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VERSUS

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THE STATE OF ASSAM AND 4 ORS.

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REP. BY ITS SECRETARY TO THE GOVT. OF ASSAM, GENERAL ADMINISTRATION DEPTT., DISPUR, GUWAHATI-781006.

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2:THE DEPUTY COMMISSIONER DHUBRI P.O. AND P.S. DHUBRI DIST. DHUBRI ASSAM PIN- 783301.

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3:THE CERTIFICATE OFFICER DHUBRI P.O. AND P.S. DHUBRI DIST.- DHUBRI ASSAM PIN- 783001.

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4:THE ASSAM STATE TRANSPORT CORPORATION REPRESENTED BY THE MANAGING DIRECTOR ASTC PALTAN BAZAR GUWAHATI-08 KAMRUP(METRO) ASSAM.

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5:THE MANAGING DIRECTOR

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ASSAM STATE TRANSPORT CORPORATION PALTAN BAZAR GUWAHATI-08 KAMRUP(METRO) ASSAM

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Advocate for the Petitioner : MR. M AHMED

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

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ORDER

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02.04.2024

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Heard Mr. M. Ahmed, learned counsel for the petitioners. Also heard Mr. G.N. Sahewalla, learned senior counsel assisted by Ms. G. Dughar, learned counsel for the ASTC and Mr. S.R. Baruah, learned Government Advocate for the

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respondent Nos. 2 & 3.

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By preferring the instant writ petition, the petitioners are canvassing the inaction of the respondent authorities in not releasing the compensation award granted in favour of the petitioners vide Judgment & Order dated 27.11.2014 in MAC No. 57/2010.

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The case of the petitioners is that on 10.12.2009, the husband of the petitioner No. 1 fall down from the Bus of the Assam State Transport Corporation and ultimately succumbed to his injuries on 12.10.2009. Claims accordingly were preferred before the Motor Accident Claims Tribunal, whereupon by Order dated 27.11.2014 in MAC No. 57/2010, an award of Rs. 7,47,500/- with interest @ 6% p.a. was granted in favour of the petitioner/claimant. Since the aforesaid award was not paid, the present writ petition has been preferred.

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During the pendency of the present writ petition, the principal amount and some amount of interest was paid to the petitioners. It is submitted at the bar that a balance of Rs. 5,68,175/- stands outstanding as on date.

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Mr. G.N. Sahewalla, learned senior counsel submits on instruction that the remaining balance amount after verification shall be paid to the petitioners within a reasonable period of time.

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In view of the aforesaid endorsement made by the learned senior counsel appearing for the ASTC, this Court is of the considered view that this writ petition can be disposed of with a direction to the respondent authorities, particularly the respondent Nos. 4 & 5 to pay the balance amount to the

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petitioners within a period of 6 months from today. A certified copy of this order be furnished to the respondents.

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With the above observation and direction, the writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Suleka Khatun and 2 Ors. v. the State of Assam and 4 Ors.

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Suleka Khatun and 2 Ors. v. the State of Assam and 4 Ors.

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