Page No.# 1/5 GAHC010160052025 2025:GAU-AS:9940 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2318/2025 CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED HAVING ITS BRANCH OFFICE AT AASTHA PLAZA, OPPOSITE OF S.B. DEORAH COLLEGE, 4TH FLOOR, BORA SERVICE, GUWAHATI, DISTRICT- KAMRUP (M), ASSAM, (REPRESENTED BY IT S DY.MANAGER LEGAL CLAIMS, MR. SABIR AHMED CHOUDHURY) VERSUS SMTI SIMA DEVI AND ORS W/O LATE VIJAY KUMAR RAY ALIAS BIJAY RAI. 2:AYUSH KUMAR S/O LATE VIJAY KUMAR RAY @ BIJAY RAI 3:SHIVANI KUMARI D/O LATE VIJAY KUMAR RAY @ BIJAY RAI 4:SHUBHAM KUMAR S/O LATE VIJAY KUMAR RAY @ BIJAY RAI (CLAIMANT/RESPONDENT NO.-2 3 AND 4 BEING MINOR ARE REPRESENTED BY THEIR MOTHER I.E. THE CLAIMANT/RESPONDENT NO.-1) ALL ARE RESIDENTS OF- CHITALPUR P.S.- BIDURPUR DISTRICT-VAISHALI BIHAR 5:NILOTPAL HAZARIKA S/O MINESWAR HAZARIKA R/O SOLLENGI P.S.- GOHPUR DISTRICT-BISWANATH Page No.# 2/5 ASSAM PIN- (OWNER OF THE VEHICLE NO.- AS07/BC-1159) 6:GOJEN BORA S/O HEN CHANDRA BORA R/O KOKILAGURI P.S.- GOHPUR DISTRICT-BISWANATH ASSAM (DRIVER OF THE VEHICLE NO.- AS07/BC-1159) 7:RAM DAS RAY S/O UNKNOWN R/O CHITALPUR P.S.- BIDURPUR DISTRICT-VAISHALI BIHAR PIN- (FATHER OF THE DECEASED LATE VIJAY KUMAR RAY @ BIJAY RAI Advocate for the Petitioner : MR. A BHATTACHARYYA, Advocate for the Respondent : MR. A BORUA, Linked Case : MACApp./231/2025 CHOLAMANDALAM MS GENERAL INSURANCE CO LTD HAVING ITS BRANCH OFFICE AT AASTHA PLAZA OPPOSITE OF S.B. DEORAH COLLEGE 4TH FLOOR BORA SERVICE GUWAHATI DISTRICT-KAMRUP (M) ASSAM (REPRESENTED BY IT S DY.MANAGER LEGAL CLAIMS MR. SABIR AHMED CHOUDHURY) VERSUS SIMA DEVI AND 6 ORS W/O LATE VIJAY KUMAR RAY @ BIJAY RAI 2:AYUSH KUMAR S/O LATE VIJAY KUMAR RAY @ BIJAY RAI 3:SHIVANI KUMARI Page No.# 3/5 D/O LATE VIJAY KUMAR RAY @ BIJAY RAI 4:SHUBHAM KUMAR S/O LATE VIJAY KUMAR RAY @ BIJAY RAI (CLAIMANT/RESPONDENT NO.-2 3 AND 4 BEING MINOR ARE REPRESENTED BY THEIR MOTHER I.E. THE CLAIMANT/RESPONDENT NO.-1) ALL ARE RESIDENTS OF- CHITALPUR P.S.- BIDURPUR DISTRICT-VAISHALI BIHAR 5:NILOTPAL HAZARIKA S/O MINESWAR HAZARIKA R/O SOLLENGI P.S.- GOHPUR DISTRICT-BISWANATH ASSAM PIN- (OWNER OF THE VEHICLE NO.- AS07/BC-1159) 6:GOJEN BORA S/O HEN CHANDRA BORA R/O KOKILAGURI P.S.- GOHPUR DISTRICT-BISWANATH ASSAM (DRIVER OF THE VEHICLE NO.- AS07/BC-1159) 7:RAM DAS RAY S/O UNKNOWN R/O CHITALPUR P.S.- BIDURPUR DISTRICT-VAISHALI BIHAR PIN- (FATHER OF THE DECEASED LATE VIJAY KUMAR RAY @ BIJAY RAI) ------------ Advocate for : MR. A BHATTACHARYYA Advocate for : MR. A BHATTACHARYYA Advocate for : MR. A BORUA (R-1) appearing for SIMA DEVI AND 6 ORS Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 01.08.2025 Heard Mr. A Bhattacharyya, learned counsel for the applicant. Also heard Mr. A Borua, learned counsel for the opposite party Nos. 1 to 4 and Mr. H. Mazumder, learned counsel for the opposite party No. 5. 2) This joint compromise application is filed on behalf of the appellant/applicant and the opposite party Nos. 1 to 4 in MAC Appeal No. 231/2025. 3) Mr. Bhattacharyya, learned counsel for the applicant submits that the matter has been settled between the parties and the Insurance Company, i.e., the appellant, in MAC Appeal No. 231/2025 has agreed to pay a sum of Rs. 32,00,000/- as full and final payment to the opposite party Nos. 1 to 4. 4) Mr. Borua, learned counsel for the opposite party submits that the matter has already been decided between the parties and as such, this appeal may be disposed of on the strength of compromise. 5) Taking note of the submissions of the learned counsels for both the parties, this interlocutory application stands allowed. 6) The MAC Appeal No. 231/2025 stands disposed of on the strength of compromise, on the terms and conditions set out in this interlocutory application. 7) In terms of the above, this interlocutory application in MAC Appeal No. 231/2025 stands disposed of. 8) The statutory deposit amount of Rs. 25,000/- shall be returned to the appellant. 9) Mr. Bhattacharyya, learned counsel for the appellant submits that he will deposit the entire amount before the Registry of this Court and Mr. Borua, learned counsel for the opposite party Nos. 1 to 4 submits that the opposite parties may be permitted to withdraw the aforesaid amount from the Registry of this Court. Page No.# 5/5 10) Prayer is accordingly allowed. JUDGE Comparing Assistant