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2017 DIGILAW 185 (GAU)

ASSAM POWER DISTRIBUTION COMPANY LIMITED v. HAZERA BEGUM

2017-02-10

AJIT SINGH, MANOJIT BHUYAN

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Ajit Singh, J. 1. Mr. NJ Dutta & Mr. H Nath, learned counsel for the appellant. Mr. AK Hussain, learned counsel for respondent. This writ appeal is directed against the order dated 21.7.2014 passed by the learned Single Judge of this High Court, whereby he has partly allowed Respondent’s WP(C) No.1195/2008. On 10.9.2007, Muslam Bhuyan-husband of respondent, aged about 60 years, died of electrocution. The appellant paid Rs.1,00,000/- as compensation to respondent–wife of Muslam Bhuyan. Dissatisfied with the amount of compensation paid, Respondent filed WP(C) No.1195/2008. And the learned Single Judge, by the impugned order, after making necessary calculation, has held that respondent is entitled for Rs.2,52,000/- with interest @ 6% from the date of filing of petition. The learned Single Judge, however, rejected the prayer of appellant to adjust Rs.1,00,000/-, which was already paid to the respondent, on the ground that it was ex-gratia payment. Aggrieved, the appellant has filed the present appeal. During the course of argument, the respective counsel for the parties have agreed for settlement on the following terms:- i) Payment of Rs.1,00,000/- made by the appellant shall be adjusted and treated to be included in the total amount of compensation of Rs.2,52,000/- as determined by the learned Single Judge; ii) The appellant shall pay interest @ 6% on Rs.2,52,000/- from the date of filing of petition i.e. 26.3.2008 till the payment of amount; iii) The appellant shall deposit the amount within 45 days in the Registry of the High Court and the respondent shall be entitled to withdraw the same. In view of the aforesaid, this writ appeal is finally disposed of in terms of above settlement.