JUDGMENT :

1. Heard Mr. A. Alam, learned counsel for the applicant as well as Mr. M. Talukdar, learned counsel appearing for the opposite party.

2. The applicant herein claims to be the married daughter of Khargeswari Bordoloi and Late Phukan Ch. Bordoloi. The father of the applicant suffered a road traffic accident on 08.10.2009 and later died on 15.10.2009. Accordingly, the applicants mother, sister and brother, namely, Late Khargeswari Bordoloi, Smt. Puja Bordoloi (Opp. Party No.3) and Sri Babumoni Bordoloi (Opp. Party No.4) had jointly filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 which was registered as MAC Case No. 186/2009 before the Member, MACT, Morigaon. In the said claim petition, the mother of the applicant and the Opp. Parties No.3 and 4 were the claimants. At the time of filing of the claim petition, the above named brother and sister of the applicants were minor aged about 13 (thirteen) and 7 (seven) years respectively. The said claim was allowed by judgment and award dated 25.07.2012, thereby awarding a compensation of Rs.10,48,311/- against the Branch Manager, United India Insurance Co. Ltd., Jagiroad Branch (Opp. Party No.2) along with interest at the rate of 6% per annum from 19.12.2009, i.e. the date of institution of the claim petition, to be paid within 90 days from the date of award. It was provided that in the event of failure to pay the award within stipulated time, the award would carry interest at the rate of 9% from the date of the judgment and award. The claimants, being dissatisfied with the award, preferred an appeal before this court under Section 173 of the Motor Vehicles Act, 1988 which was registered as MAC App. No. 332/2013.

3. During the pendency of the appeal, Smt. Khargeswari Bordoloi, who was the appellant No.1 in the appeal had died. Accordingly, by order dated 31.07.2017 passed by this Court in I.A.(C) 2323/2017, the name of the appellant No.1 was struck- off. The Opp. Party No.3, who had attained majority was permitted to represent the Opp. Party No.4.

4. The said appeal was listed in the National Lok Adalat held on 14.07.2018. After a negotiated settlement, the parties agreed that apart from a sum of Rs.11,79,278/- already deposited by the Opp. Party No.2/ insurer, a further sum of Rs.5,20,722/- shall be paid in lump sum as full and final settlement of the entire claim of the Opp. Parties No.3 and 4. The Opp. Party No.2 was directed to deposit the said amount within four weeks.

5. The learned counsel for the applicant has projected that though the applicant is the married daughter of the claimant No.1 and the deceased, the claim petition was filed without her knowledge and without impleading her. However, after the award was passed in MAC Case No. 187/2009, the mother of the applicant, by filing petition No. 97/2013 before the MACT, Morigaon, prayed for giving a sum of Rs.2,00,000/- out of the compensation awarded to the applicant herein, namely, Swapna Bordoloi. Accordingly, by order dated 04.02.2013 in MAC Case No. 187/2009, the learned Member, MACT, Morigaon had allowed a sum of Rs.2,00,000/- to be given to the applicant. Accordingly, by filing this application, the applicant has prayed that out of the enhanced award passed in the connected MAC App. No. 332/2013, one-third of the enhanced amount be paid to the applicant, being the elder daughter of the deceased. In order to sustain the submissions that a married daughter is entitled to compensation, the learned counsel for the applicant has relied on the case of (i) Manjuri Bera Vs. Oriental Insurance Co. Ltd. & Ors., (2007) 10 SCC 643, (ii) Hafizun Begum Vs. Mohd. Ikram Heque & Ors., (2007) 10 SCC 715, and (iii) Shriram General Insurance Vs. Visvasa Mallika, C.M.A. (MD) No. 830/2014 and connected cases, decided on 06.11.2014.

6. Per contra, the learned counsel for the Opp. Parties No. 3 and 4 has opposed this application on the ground that the applicant being a married daughter was never a dependent on their