Mrs Mousumi Neog and 2 Ors v. Sri Rajib Bhattacharjee and Anr

ORDER

14.09.2024 The appeal has been filed by the appellants-claimants against the judgment and award dated 21.09.2015 passed by the Learned Member, Motor Accident Claims Tribunal No. 3, Kamrup (M) in MAC Case No. 1826/2013.

¶2Shri P.D. Bhutia, Regional Manager along with Shri Debajit Sarka, Assistant Manager of the National Insurance Company Ltd. (for short Insurance Company) and the claimant no. 2 – Shri Jatin Neog along with his learned counsel, Shri KK Dutta are present today i.e., 14.09.2024 in the National Lok Adalat.

¶3It is submitted by Shri KK Dutta, learned counsel for the appellants / claimants that so far as the widow of late Deba Kumar Neog, claimant no. 1 – Mrs. Mousumi Neog and the claimant no. 2 – Jayanta Neog (son) are concerned, due to inconvenience, they could not be present and have authorized Shri Jatin Neog (son) to represent them.

¶4The parties present before this Court jointly submit that the matter has been settled between the parties and a lump sum amount of Rs.95,00,000/- has been agreed upon.

¶5In view of the above, the appeal stands closed with a direction that the Page No.# 3/3 Insurance Company shall deposit the aforesaid amount of Rs.95,00,000/- being the full and final settlement before the Registry of this Court within a period of 45 days from today.

¶6The manner of release of the aforesaid amount would be in the following terms:

i) Out of the aforesaid awarded amount of Rs.95,00,000/-, Rs.35,00,000/- each is directed to be released to the claimant no. 2 – Shri Jatin Neog (son) and the claimant no. 3 – Shri Jayanta Neog

(son) and the remaining amount of Rs.25,00,000/- is directed to be released to the claimant no. 1 – Mrs. Mousumi Neog (wife).

¶7The claimants would be at liberty to withdraw the aforesaid amount on being properly identified by their learned counsel.

¶8Send back the LCR.

¶9The authorization letter dated 13.09.2024 is made a part of the records. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010130472017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./238/2017o MRSoMOUSUMIoNEOGoando2oORSo W/OoLATEoDEBAoKUMARoNEOG 2:oJATINoNEOG oS/OoLATEoDEBAoKUMARoNEOG 3:oJAYANTAoNEOG oS/OoLATEoDEBAoKUMARoNEOG oALLoAREoPERMANENToR/OoVILL.oNO.o2oBALIJAN oBALIMARA oP.S.oNAHARKATIA oDIST.oDIBRUGARH oASSAM oPRESENTLYoRESIDINGoAToVILLoBORBARI oP.S.oDISPUR oGUWAHATI oDIST.oKAMRUPoM oASSAMo VERSUSo SRIoRAJIBoBHATTACHARJEEoandoANRo S/OoLATEoH.N.oBHATTACHARJEE,oVILL.LANGKASHI,oMILANJYOTI,oP.S.o BORDUBI,oDIST.oTINSUKIA,oASSAMo786125 2:M/SoNATIONALoINSURANCEoCOoLTD. oREGIONALoOFFICE oG.S.oROAD oBHANGAGARH oGUWAHATI-05 oKAMRUP oASSAMo Page No.# 2/3 Advocate for the Petitioner : MR. K K DUTTA, MR.A DEKA,MR.B GOGOI,MR.D SAIKIA,MR.P NAYAK,MR.R BARUAH Advocate for the Respondent : MR. R GOSWAMI (R 2), MS N J DAS,MS. M SAIKIA (R 2),MS. P BORTHAKUR (R 2) BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI