CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED v. SMTI MALA TOMBI DEVI ALIAS MALATAMBI DEVI AND ORS
I.A.(Civil)/2317/2025 · 2025-07-31
Robin Phukan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16356 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16356 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010160072025
2025:GAU-AS:9937
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2317/2025 CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED HAVING ITS BRANCH OFFICE AT AASTHA PLAZA, OPPOSITE OF S.B.
DEORAH COLLEGE, 4TH FLOOR, BORA SERVICE, GUWAHATI, DIST.
KAMRUP (M), ASSAM. VERSUS SMTI MALA TOMBI DEVI ALIAS MALATAMBI DEVI AND ORS W/O LATE RAJU SINGHA 2:MISS RONITA @ RANITA DEVI D/O LATE RAJU SINGHA 3:ROBEN SINGHA S/O LATE RAJU SINGHA 4:SMTI RAJMANI DEVI MOTHER OF LATE RAJU SINGHA (RESPONDENT/CLAIMANT NO. 2 AND 3 BEING MINOR ARE REPRESENTED BY THEIR MOTHER I.E. THE RESPONDENT/CLAIMANT NO.1) ALL ARE R/O KOTHALTOLI P.O. NANDAPUR CHARIALI P.S. AND DIST. HOJAI ASSAM PIN 782435 5:SALMAN HUSSAIN S/O ABDUL HUSSAIN R/O ISLAM NAGAR P.O. NILBAGAN
Page No.# 2/4 P.S. AND DIST. HOJAI ASSAM PIN 782445 6:MANAU SINGHA S/O UNKNOWN R/O KOTHALTOLI P.O. NANDAPUR CHARIALI P.S. AND DIST. HOJAI ASSAM PIN 78243 Advocate for the Petitioner : MR. A BHATTACHARYYA, Advocate for the Respondent : MR. A BORUA, Linked Case : MACApp./246/2025 CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD.
HAVING ITS BRANCH OFFICE AT AASTHA PLAZA OPPOSITE OF S.B. DEORAH COLLEGE 4TH FLOOR BORA SERVICE GUWAHATI DIST. KAMRUP (M) ASSAM. VERSUS SMTI MALA TOMBI DEVI @ MALATAMBI DEVI AND 5 ORS W/O LATE RAJU SINGHA 2:MISS RONITA @ RANITA DEVI D/O LATE RAJU SINGHA 3:ROBEN SINGHA S/O LATE RAJU SINGHA 4:SMTI RAJMANI DEVI
Page No.# 3/4 MOTHER OF LATE RAJU SINGHA (RESPONDENT/CLAIMANT NO. 2 AND 3 BEING MINOR ARE REPRESENTED BY THEIR MOTHER I.E. THE RESPONDENT/CLAIMANT NO.1) ALL ARE R/O KOTHALTOLI P.O. NANDAPUR CHARIALI P.S. AND DIST. HOJAI ASSAM PIN 782435 5:SALMAN HUSSAIN S/O ABDUL HUSSAIN R/O ISLAM NAGAR P.O. NILBAGAN P.S. AND DIST. HOJAI ASSAM PIN 782445 6:MANAU SINGHA S/O UNKNOWN R/O KOTHALTOLI P.O. NANDAPUR CHARIALI P.S. AND DIST. HOJAI ASSAM PIN 782435 ------------ Advocate for : MR. A BHATTACHARYYA Advocate for : MR. A BORUA (R-1 4) appearing for SMTI MALA TOMBI DEVI @ MALATAMBI DEVI AND 5 ORS
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER 01.08.2025 Heard Mr. A Bhattacharyya, learned counsel for the applicant and Mr. A. Borua,
learned counsel for the opposite party Nos. 1 to 4. 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. 246/2025. 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
Page No.# 4/4 Appeal No. 246/2025 has agreed to pay a sum of Rs. 20,00,000/- 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. 246/2025 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. 246/2025 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. 10) Prayer is accordingly allowed.
JUDGE Comparing Assistant