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2025 DAILYLAW 125 (MAN)

Maibam Ongbi Mala Devi and 3 others v. MAGMA General Insurance Ltd and 3 others

MC(MACApp.)/11/2025 · 2026-03-24

Ahanthem Bimol Singh

body2025

Judgment text

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Page 1 Item Nos. 21 IN THE HIGH COURT OF MANIPUR AT IMPHAL MC (MAC. App.) No. 11 of 2025 Maibam Ongbi Mala Devi; & 3 Ors. …Applicant/s Vrs. Magma General Insurance Ltd; & 3 Ors. …Respondent/s -B E F O R E- HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 25.03.2026 [1] Mr. H. Dijen, learned counsel appeared for the applicants and Mr. Y. Sanjoy, learned counsel appeared for the principal respondent No. 1. None appeared for the proforma respondents No. 2, 3 & 4. It has been submitted at the bar that the respondent No. 1 is an insurance company who is liable to pay the award passed by the Tribunal. The respondents No. 2, 3 & 4 are the owners and drivers of the 2 (two) vehicles involved in the said incident. KABOR AMBAM SAPANA CHANU Digitally signed by KABORAMBAM SAPANA CHANU Date: 2026.03.25 15:17:28 +05'30' Page 2 [2] The present application has been filed with a prayer to modify the interim order dated 05.05.2025 passed by this Court in the connected MAC App. No. 4 of 2025 by allowing the applicants to withdraw half of the deposited amount of the award passed by the Tribunal. MAC App. No. 4 of 2025 has been filed by the Insurance Company (respondent No. 1 herein) against the judgment and award dated 31.01.2025 passed by the Motor Accident Claim Tribunal, Manipur in MAC case No. 22 of 2021. By the said award, the Tribunal held that the claimants are entitled to compensation amount of Rs. 33, 76,600/- (Rupees thirty-three lakh seventy-six thousand six hundred only) as compensation for the death of Maibam Rameshwor Singh, who succumbed to injuries from the motor accident that occurred on 30.05.2021 at Sekmai New Market along NH-2 Imphal Dhimapur Road. [3] It has been submitted at the bar by both the counsel appearing for applicants as well as the principal respondent No. 1 that while calculating the total amount of the compensation awarded by the Tribunal, some clerical error has occurred, in that, an excess Page 3 amount of Rs. 56,650/- has been wrongly recorded while adding together the compensation amount due payable to the claimants. This factum has not be controverted by the learned counsel appearing for the applicants/claimants. [4] Taking into consideration such undisputed factum, it is agreed by both the learned counsel appearing for the parties that the total compensation amount should be Rs. 33,19,950/- (Rupees thirty-three lakh nineteen thousand nine hundred fifty only). [5] At the time of admission of the connected MAC App. No. 4 of 2025, an interim order was passed by this Court on 05.05.2025 to the effect that there shall be interim stay of the impugned judgment award dated 31.01.2025 passed by the Presiding Officer, Motor Accident Claim Tribunal, Manipur, in MAC case No. 22 of 2021, on the condition that the appellant insurance company shall deposit the entire compensation amount awarded by the Tribunal within a period of 12 weeks from the date of receipt of a copy of the said order, to the credit of MAC case No. 22 of 2021 on the file of the Motor Accident Claim Tribunal, Manipur at Lamphelpat. Page 4 [6] It has been submitted by the learned counsel appearing for the insurance company (principal respondent No. 1) that pursuant to the direction given by this Court on 05.05.2025, the insurance company has already deposited an amount of Rs. 40,50,582/- (Rupees forty lakh fifty thousand five hundred eighty two) which is inclusive of 6 % interest accrued to the compensation amount on 07.08.2025 to the Registrar General of the High Court of Manipur. [7] Mr. H. Dijen, learned counsel appearing for the applicants/claimants by relying on an order dated 10.10.2022 passed by this Court in MC (MAC. App.) No. 5 of 2022 (Ref: MAC App. No. 1 of 2021) submitted that in a similar cases, this Court has allowed the claimants to withdraw 50% of the total amount of compensation including 6% interest during the pendency of the connected appeal and as such, the learned counsel prays for allowing the present applicants to withdraw 50% of the compensation amount including 6% interest during the pendency of the connected appeal. A scan copy of the said order dated 10.10.2022 is reproduced hereunder:- Page 5 Page 6 Page 7 Page 8 [8] Mr. Y. Sanjoy, learned counsel appearing for principal respondent No. 1 fairly submitted that after perusal of the said order dated 10.10.2022 passed by this Court, he is agreeable to the proposition of law laid down earlier by this Court and that he has no objection in allowing the applicants/claimants to withdraw half of the total compensation amount awarded by the Tribunal including 6% interest of the said amount during the pendency of the connected appeal. [9] In view of the submission made by the learned counsel appearing for the parties, the present application is hereby allowed by issuing a direction that the applicants/claimants should be permitted to withdraw 50% of the total amount of compensation including 6% interest awarded by the Tribunal without furnishing security in accordance with due procedures. [10] With the aforesaid directions, the present application is disposed of. JUDGE Sapana