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2025 DAILYLAW 15247 (GAU)

MAGMA HDI GENERAL INSURANCE COMPANY LTD. v. MANJILA BEGUM AND ANR.

MACApp./356/2024 · 2025-03-27

Robin Phukan

body2025

Judgment text

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Page No.# 1/4 GAHC010055452025 2025:GAU-AS:3648 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/795/2025 MAGMA HDI GENERAL INSURANCE CO LTD HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO 24 PARK STREET KOLKATTA 700016 AND BRANCH OFFICE AT 2ND FLOOR F FORT SOUTH SARANIA ULUBARI GS ROAD GUWAHATI ASSAM 781007 VERSUS MANJILA BEGUM AND ANR W/O GAJIR RAHMAN ALIAS GAJIBOR RAHMAN ALIAS GAJI RHMAN R/O VILL MAMUDPUR PT 1 PO DALGOMA BO PS MATIA DIST GOALPARA ASSAM PIN 783125 2:ROBIUL ISLAM S/O SAMSUL HAQUE VILL.- SONAHARA P.O.- KHARMUZA BO P.S.- BAGUAN DIST.- GOALPARA PIN- 783101 Advocate for the Petitioner : MONDAKINI SAIKIA, MS. P BORTHAKUR Advocate for the Respondent : D DAS, Linked Case : MACApp./356/2024 Page No.# 2/4 MAGMA HDI GENERAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24 PARK STREET KOLKOTTA- 700016 AND BRANCH OFFICE AT 2ND FLOOR F FORT SOUTH SARANIA ULUBARI G.S. ROAD GUWAHATI ASSAM- 781007. VERSUS MANJILA BEGUM AND ANR. W/O GAJIR RAHMAN @ GAJIBOR RAHMAN VILL.- MAMUDPUR PT. 1 P.O.- DALGOMA BO P.S.- MATIA DIST.- GOALPARA (ASSAM) PIN- 783125. 2:ROBIUL ISLAM S/O SAMSUL HAQUE VILL.- SONAHARA P.O.- KHARMUZA BO P.S.- BAGUAN DIST.- GOALPARA PIN- 783101. ------------ Advocate for : MR. R GOSWAMI Advocate for : MR. DITUL DAS (R-1) appearing for MANJILA BEGUM AND ANR. BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 28.03.2025 Heard Mr. R. Goswami, learned counsel for the applicant and Mr. D. Das, learned counsel for the respondent No.1 Page No.# 3/4 This interlocutory application is preferred by applicant Magma HDI General Insurance Company Co Ltd jointly with the respondent No.1/Claimant, for compounding the MAC Appeal No. 356/2024. It submitted at the bar that the learned Tribunal has awarded a sum of Rs. 20,06,302/- being the compensation with interest at the rate of 7% per annum from the date of filing the claim petition i.e. 23.11.2022 in MAC Case No. 504/2022. It is also submitted at the bar, that the parties have affected a comprise and decided to settled the matter on payment of Rs.19,00,000/- as full and final settlement and therefore, it is contended to allow this application. Taking note of the submission of learned counsel for both the parties, and also consideration the facts and circumstances on the record, this interlocutory application is allowed. The Mac Appeal No. 356/2024 stands disposed of on the strength of compromise. In view of the settled arrived at by the parties now the appellant in MAC Case No. 356/2024 shall deposit the remaining amount of Rs. 8,96,849/- directly in the account of the respondent No.1 by direct transfer mode (NEFT). And from the amount already deposited before the Registry of this Court i.e. Rs. 10,03,151/- the fixed deposit, as directed by the learned Tribunal at Paragraph No. 29 of the impugned judgment and award dated 29.05.2024 in MAC Case No. 504/2022, shall be made and the remaining amount after the fixed deposit, shall be released in favour of the respondent No.1 after proper identification. In terms of above, this I.A.(Civil) No. 795/2025, and MAC App No. Page No.# 4/4 356/2024 is disposed of. Mr. Goswami, submits that at the time of filing the appeal before this Court, statutory deposit of Rs. 25,000/- was made before the Registry of this Court and the said may be released in favour of the appellant herein. Prayer is allowed. Registry shall allow the appellant to withdraw the amount. JUDGE Comparing Assistant