JOHIRUDDIN @ JOHIRUDDIN SHEIKH AND 5 ORS v. NEW INDIA ASSURANCE COMPANY LIMITED 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. JOHIRUDDIN @ JOHIRUDDIN SHEIKH AND 5 ORS v. NEW INDIA ASSURANCE COMPANY LIMITED AND 2 ORS. Read the judgment...
Judgment text
Page No. # 1/4 GAHC010203792019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp. /523/2019 JOHIRUDDIN @ JOHIRUDDIN SHEIKH AND 5 ORS S/O LT. AFRAJ ALI, PERMANENT R/O VILL. CHEDAMARI, P. S. JOGIGHOPA, DIST. BANGAIGAON, ASSAM, HAVING TEMPORARY RESIDENCE AT MOYLAPATHER , P. S. GOALPARA, DIST. GOALPARA, ASSAM 2: SUR BHABU @ CHUR BHANU W/O LT. JOHIRUDDIN SHEIKH PERMANENT R/O VILL. CHEDAMARI P. S. JOGIGHOPA DIST. BANGAIGAON ASSAM HAVING TEMPORARY RESIDENCE AT MOYLAPATHER P. S. GOALPARA DIST. GOALPARA ASSAM 3: AFRUJA BHUYAN W/O LT. AZAHAR ALI PERMANENT R/O VILL. CHEDAMARI P. S. JOGIGHOPA DIST. BANGAIGAON ASSAM HAVING TEMPORARY RESIDENCE AT MOYLAPATHER P. S. GOALPARA DIST. GOALPARA ASSAM 4: AJMIRA KHATUN MINOR DAUGHTER OF LT. AZAHAR ALI PERMANENT R/O VILL. CHEDAMARI P. S. JOGIGHOPA Page No. # 2/4 DIST. BANGAIGAON ASSAM HAVING TEMPORARY RESIDENCE AT MOYLAPATHER P. S. GOALPARA DIST. GOALPARA ASSAM 5: SUHANA AKTARA MINOR DAUGHTER OF LT.
AZAHAR ALI PERMANENT R/O VILL. CHEDAMARI P. S. JOGIGHOPA DIST. BANGAIGAON ASSAM HAVING TEMPORARY RESIDENCE AT MOYLAPATHER P. S. GOALPARA DIST. GOALPARA ASSAM 6: AFSANA MINOR DAUGHTER OF LT. AZAHAR ALI PERMANENT R/O VILL. CHEDAMARI P. S. JOGIGHOPA DIST. BANGAIGAON ASSAM HAVING TEMPORARY RESIDENCE AT MOYLAPATHER P. S. GOALPARA DIST. GOALPARA ASSAM. (APPELLANTS NO. 4 5 AND 6 ARE BEING REP. BY THEIR MOTHER AFRUJA BHUYAN APPELLANT NO. 3 VERSUS NEW INDIA ASSURANCE COMPANY LIMITED AND 2 ORS REP. BY THE DIVISIONAL MANAGER MAIN ROAD, BONGAIGAON, P. O. BONGAIGAON, P. S. BONGAIGAON, DIST. BONGAIGAON, ASSAM-783380 (INSURER OF THE VEHICLE NO. AS-19-E-7046) 2:EKRAMUL HUSSAIN S/O ABU SAYED R/O VILL. CHEDAMARI P. O. BALAPARA DIST. BONGAIGAON ASSAM-783382(OWNER OF THE VEHICLE NO. AS-19-E-7046) 3:OSMAN GONI S/O AJIJUR RAHMAN R/O VILL. DOLONIBIL Page No. # 3/4 P. O. BALAPARA DIST. BONGAIGAON ASSAM- 783382, (DRIVER OF THE VEHICLE NO. AS-19-E-7046 Advocate for the Petitioner : MR.
D DAS Advocate for the Respondent : MR. R GOSWAMI 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 10. 05. 2019 passed by the Motor Accident Claims Tribunal, Goalpara (for short MACT, Goalpara) in MAC Case No. 132/2018 praying for enhancement of the award of Rs. 9,25,714/-, as compensation, for the death of one Azahar Ali @ Ajahar Ali on 03. 03. 2018 in a motor vehicular accident. Shri AK Barman, Regional Manager, New India Assurance Company Ltd. (Insurance Company) as well as 1. Johiruddin @ Johiruddin Sheikh, 2. Sur Bhabu @ chur Bhanu and 3. Afruja Bhuyan-claimants are present today i. e. , 12. 12. 2020 in the National Lok Adalat. Appellant-claimant nos. 4, 5 and 6 are minors and are represented by appellant-claimant no. 3. The parties present before this Court jointly submit that the matter has been settled outside the Court and an additional amount Rs.
4,30,000/- as full and final settlement has been agreed upon over and above the awarded amount of Rs. 9,25,714/-. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the additional amount of Rs. 4,30,000/- being the full and final settlement before the learned MACT, Goalpara within a period of 45 days from today. Page No. # 4/4 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
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