Page No.# 1/6 GAHC010092112024 2025:GAU-AS:673 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./13/2025 CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE, 2ND FLOOR, NO. 2 N.S.C. BOSE ROAD, CHENNAI- 600001 AND ITS BRANCH OFFICE AT AASTHA PLAZA, 4TH FLOOR, OPPOSITE TO S.B. DEORAH COLLEGE, G.S. ROAD, GUWAHATI. VERSUS PINKY @ PINKI DAS AND 4 ORS E W/O LATE NANTU DAS, R/O CHOKONIDHARA, BURA NAMGHAR, P.S.- JORHAT, DIST.- JORHAT, ASSAM, PIN- 785001. 2:PROTIM DAS S/O LATE NANTU DAS R/O CHOKONIDHARA BURA NAMGHAR P.S.- JORHAT DIST.- JORHAT ASSAM PIN- 785001. (BEING MINOR REP. BY THE LEGAL GUARDIAN MOTHER I.E. RES. NO. 1). 3:RITUPAN DAS S/O LATE NANTU DAS R/O CHOKONIDHARA BURA NAMGHAR P.S.- JORHAT DIST.- JORHAT ASSAM Page No.# 2/6 PIN- 785001. (BEING MINOR REP. BY THE LEGAL GUARDIAN MOTHER I.E. RES. NO. 1). 4:BANAMALI NATH S/O LILA NATH R/O KAKIGAON P.S.- KAKI DIST.- HOJAI ASSAM. 5:PRODIP BORA S/O TAKESWAR BORA R/O NO. 2 KAKI CHARIALI P.S.- KAKI DIST.- HOJAI ASSAM PIN- 782435 Linked Case : I.A.(Civil)/50/2025 CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE 2ND FLOOR NO. 2 N.S.C. BOSE ROAD CHENNAI- 600001 AND ITS BRANCH OFFICE AT AASTHA PLAZA 4TH FLOOR OPPOSITE TO S.B. DEORAH COLLEGE G.S. ROAD GUWAHATI. VERSUS PINKY @ PINKI DAS AND 4 ORS W/O LATE NANTU DAS R/O CHOKONIDHARA BURA NAMGHAR P.S.- JORHAT DIST.- JORHAT ASSAM PIN- 785001. Page No.# 3/6 2:PROTIM DAS S/O LATE NANTU DAS R/O CHOKONIDHARA BURA NAMGHAR P.S.- JORHAT DIST.- JORHAT ASSAM PIN- 785001. (BEING MINOR REP. BY THE LEGAL GUARDIAN MOTHER I.E. RES. NO. 1). 3:RITUPAN DAS S/O LATE NANTU DAS R/O CHOKONIDHARA BURA NAMGHAR P.S.- JORHAT DIST.- JORHAT ASSAM PIN- 785001. (BEING MINOR REP. BY THE LEGAL GUARDIAN MOTHER I.E. RES. NO. 1). 4:BANAMALI NATH S/O LILA NATH R/O KAKIGAON P.S.- KAKI DIST.- HOJAI ASSAM. 5:PRODIP BORA S/O TAKESWAR BORA R/O NO. 2 KAKI CHARIALI P.S.- KAKI DIST.- HOJAI ASSAM PIN- 782435. ------------ For the Appellant(s) : Mr. S.K. Goswami, Advocate For the Respondent(s) : Mr. T. Gogoi, Advocate Page No.# 4/6 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 22.01.2025 This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 03.01.2024 passed by the learned Member, MACT No. 2 Kamrup (M) in MAC Case No. 1579/2022. 2. This Court has duly taken note of the award passed by the learned Tribunal vide the impugned judgment and award dated 03.01.2024 whereby the learned Tribunal had awarded an amount of Rupees 86,60,083.49/- to the claimants along with interest at the rate of 9% per annum from the date of filing of the claim petition till realization. It is also noticed that out of the said amount so awarded Rs. 46,60,083.49/- along with 9% interest was directed to be released to the claimant No. 1, who is the wife of the deceased to meet the immediate exigencies. Further to that, an amount of Rs. 10,00,000/- was directed to be kept in an FDR of a nationalized bank for a period of two years in the name of the claimant No. 1. In respect to the claimant Nos. 2 and 3, who were minors, an amount of Rs. 15,00,000/- each were directed to be kept in a nationalized bank till the claimant Nos. 2 and 3 attained the age of majority. 3. This Court also finds it relevant to take note of that during the pendency of the instant appeal an amicable settlement has been arrived at between the appellant insurance company and the claimants whereby the claimants have agreed that a total amount of Rs. 83,00,000/- if paid would Page No.# 5/6 be full and final settlement towards the satisfaction of the judgment and award dated 03.01.2024. 4. Heard Mr. S.K. Goswami, the learned counsel appearing on behalf of the appellant and Mr. T. Gogoi, the learned counsel appearing on behalf of the respondents/claimants. 5. Both the counsels have duly agreed that there has been an amicable settlement reached. Taking into account that the amicable settlement which have been reached is without any force or coercion, this Court allows the application being I.A.(Civil) No. 50/2025 and thereby holds that the judgment and award dated 03.01.2024 passed in MAC Case No. 1579/2022 would be duly satisfied upon the deposit of Rs. 83,00,000/- by the appellant insurance company before the Registry of this Court within 15 days from the date of the instant order. 6. Upon deposit of the said amount, the Registry is directed to release an amount of Rs.43,00,000/- in favour of the claimant No. 1 i.e. the respondent No. 1 in the instant proceedings upon necessary identification and furnishing of the bank details. The Registry is further directed that in respect to the remaining Rs. 40,00,000/-, Rs. 10,00,000/- is to be kept in an FDR in a nationalized bank for a period of 5 years in the name of the claimant No. 1. In respect to the remaining Rs. 30,00,000/-, 2 FDs of Rs. 15,00,000/- each be made in the name of the claimant No. 2/respondent No. 2 and claimant No.3/respondent No. 3 respectively for a period till they attain majority. 7. The Registry is further directed that the amount of Rs. 25,000/- which was the statutory deposit deposited by the appellant at the time of Page No.# 6/6 filing the Appeal be released upon deposit of the amount of Rs. 83,00,000/- as directed above. 8. With the above, the instant appeal stands disposed and I.A.(Civil) No. 50/2025 stands allowed. JUDGE Comparing Assistant