SENGCHINA MARAK AND 4 ORS. v. NEW INDIA ASSURANCE CO. LTD. AND 2 ORS.
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-12-12. SENGCHINA MARAK AND 4 ORS. v. NEW INDIA ASSURANCE CO. LTD. AND 2 ORS. Read the judgment and case details on...
Judgment text
Page No. # 1/3 GAHC010286532019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp. /642/2019 SENGCHINA MARAK AND 4 ORS. WIFE OF LATE KAMALESWAR RABHA, RESIDENT OF VILLAGE BANDAKO-1, POST OFFICE AND POLICE STATION MENDHIPATHAR, DISTRICT NORTH GARO HILLS, MEGHALAYA 2: NISANBALA RABHA WIFE OF LATE GOBINDA RABHA REPRESENTED BY SENGCHINA MARAK RESIDENT OF VILLAGE BANDAKO-1 POST OFFICE AND POLICE STATION MENDHIPATHAR DISTRICT NORTH GARO HILLS MEGHALAYA 3: NOKRIKMA G. MARAK DAUGHTER OF LATE KAMALESWAR RABHA REPRESENTED BY SENGCHINA MARAK RESIDENT OF VILLAGE BANDAKO-1 POST OFFICE AND POLICE STATION MENDHIPATHAR DISTRICT NORTH GARO HILLS MEGHALAYA 4: NOKNASA G MARAK DAUGHTER OF LATE KAMALESWAR RABHA REPRESENTED BY SENGCHINA MARAK RESIDENT OF VILLAGE BANDAKO-1 POST OFFICE AND POLICE STATION MENDHIPATHAR DISTRICT NORTH GARO HILLS MEGHALAYA 5: NOKSANSA G.
MARAK DAUGHTER OF LATE KAMALESWAR RABHA REPRESENTED BY SENGCHINA MARAK RESIDENT OF VILLAGE BANDAKO-1 POST OFFICE AND POLICE STATION MENDHIPATHAR Page No. # 2/3 DISTRICT NORTH GARO HILLS MEGHALAY VERSUS NEW INDIA ASSURANCE CO. LTD. AND 2 ORS. REPRESENTED BY ITS DIVISIONAL MANAGER, BONGAIGAON DIVISION AT BONGAIGAON, POST OFFICE AND POLICE STATION BONGAIGAON, DISTRICT BONGAIGAON, ASSAM-783380 (INSURER OF THE VEHICLE NO. AS-18/A-2799) (TRUCK) 2:LALA RAM PRAJAPAT SON OF R. L. PRAJAPAT RESIDENT OF DURGAMANDIR POST OFFICE BALADMARI POLICE STATION GOALPARA DISTRICT GOALPARA ASSAM-783121 (OWNER OF THE VEHICLE NO. AS-18/A-2799) (TRUCK) 3:NASIRUDDIN AHMED SON OF DOSHIMUDDIN SK RESIDENT OF PAIKAN PART-I POST OFFICE AND POLICE STATION KRISHNAI DISTRICT GOALPARA ASSAM-783126 (DRIVER OF THE VEHICLE NO. AS-18/A-2799) (TRUCK Advocate for the Petitioner : MR. D DAS Advocate for the Respondent : MR. K K BHATTA BEFORE HONOURABLE MR.
JUSTICE SANJAY KUMAR MEDHI ORDER Date : 12-12-2020 This is an appeal filed by the appellants-claimants against the judgment and award dated 03. 09. 2019 passed by the Motor Accidents Claims Tribunal, Goalpara (for short MACT, Goalpara) in MAC Case No. 116/2015 praying for enhancement of the award of Rs. 11,91,000/-, as compensation, for the death of one Komleswar Rabha in a motor vehicular accident. Page No. # 3/3 Shri AK Barman, Regional Manager, New India Assurance Company Ltd. (Insurance Company) as well Ms. Sengchina Marak-claimant no. 1, who is the mother of the claimant nos. 3, 4 and 5 (all minors) is present today i. e. , 12. 12. 2020 in the National Lok Adalat. Claimant no. 2 is ailing and represented by Ms. Sengchina Marak. The parties present before this Court jointly submit that the matter has been settled outside the Court and an additional amount of Rs. 5,52,600/- as full and final settlement has been agreed upon over and above the awarded amount of Rs. 11,91,000/-.
In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the additional amount of Rs. 5,52,600/- being the full and final settlement before the learned MACT, Goalpara within a period of 45 days from today. The awarded amount may be withdrawn by the aforementioned claimant from the MACT, Goalpara on being duly identified by the learned counsel for the claimants. The appeal stands disposed of. JUDGE Comparing Assistant
Source: Gauhati High Court. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.