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2025 DAILYLAW 2379 (GAU)

MAGMA HDI GENERAL INSURANCE COMPANY LTD v. NAYANMANI PEGU @S NAYANMONI PEGU AND 5 ORS

MACApp./507/2025 · 2026-03-13

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/4 GAHC010171992025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./507/2025 MAGMA HDI GENERAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24, PARK STREET, KOLKATA-700016 AND A REGIONAL OFFICE AT BLOCK 3B, B201- 202 ECOSPACE BUSINESS PARK, AMBUJA REALITY CAMPUS, ACTION AREA 110, NORTH TWENTY FOUR PARGANA, WEST BENGAL AND BRANCH OFFICE AT F-FORT BUILDING, 2ND FLOOR, SOUTH SARANIA, G.S. ROAD, GUWAHATI-781007. VERSUS NAYANMANI PEGU @S NAYANMONI PEGU AND 5 ORS W/O. LT. DHANUJ PEGU @ DHONUJ PEGU 2:DEVASHREE PEGU D/O. LT. DHANUJ PEGU @ DHONUJ PEGU 3:PUSPANJALI PRGU D/O. LT. DHANUJ PEGU @ DHONUJ PEGU 4:HEMESWARI PEGU @ HIMESWARI W/O. SRI BHABAKANTA PEGU @ BHAWAKANTA PEGU ALL ARE R/O. VILL.- TINGIRI GAON P/S. GOGAMUKH DIST. DHIMAJI ASSAM PIN-787035 PRESENT ADDRESS- R/O. ADABARI P/S JALUKBARI DIST. KAMRUP (M) ASSAM PIN-781126 Page No.# 2/4 5:ARUP GOGOI S/O. SRI PURNANDA GOGOI R/O. VILL.- MANGALATI P/O. BORDOLONI P/S. GOGAMUKH DIST. DHEMAJI ASSAM PIN-787026 6:DEBESWAR PAIT S/O. LT. RUKESWAR PAIT R/O. VILL.- NAMANI TAJIK GAON P/O. AND P/S. GOGAMUKH DIST. DHEMAJI ASSAM PIN-78703 Advocate for the Petitioner : MS. M SAIKIA, MS. P BORTHAKUR,MR. R GOSWAMI Advocate for the Respondent : FOR CAVEATOR, MR. A R AGARWALA,MR ADITYA AGARWALA BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 14.03.2026 Respondent Nayanmani Pegu @ Nayanmoni Pegu is present along with her learned counsel Mr. A. R. Agarwala. 2. The Insurance Company is also represented. Respondent No. 4, i.e., Hemeswari Pegu @ Himeswari, is not present. The other two respondents, who are the daughters of Respondent No. 1, are minors and are represented by their mother, i.e., Respondent No. 1. 3. It is stated that, pursuant to the pre-litigation settlement, the parties have agreed to a total compensation amount of Rs. 30,00,000/-, out of which an Page No.# 3/4 amount of Rs. 13,53,012/- has already been deposited and withdrawn by Respondent No. 1. 4. It is submitted by Respondent No. 1 that, out of the said amount of Rs. 13,53,012/-, a sum of only Rs. 50,000/- was paid to Respondent No. 4, who is the mother-in-law of Respondent No. 1. 5. Respondent No. 1 has agreed to the final settlement amount of Rs. 30,00,000/-. On perusal of the award passed by the learned Tribunal, it is seen that, out of the total awarded amount of Rs. 27,06,023.16/-, the learned Tribunal had determined that the share of Respondent No. 4, the mother of the deceased, would be Rs. 6,00,000/- along with her share of interest @ 9% per annum. 6. Having regard to the above, it is agreed by Respondent No. 1 that, out of the total settled amount of Rs. 30,00,000/-, a further sum of Rs. 5,00,000/- shall be payable to Respondent No. 4. 7. Having regard to the above, the said settlement amount of Rs. 30, 00,000/- is agreed to and accepted, subject to the filing of an affidavit before the Registry of this Court by Respondent No. 4 stating her agreement to the total settlement amount as well as to her share of Rs. 5, 00,000/-, which shall be in addition to the amount of Rs. 50,000/- already paid to her. 8. The Insurance Company shall deposit the balance amount of Rs. 16, 46,988/- with the Registry of this Court within one month. However, withdrawal of the said amount shall be subject to further orders to be passed by the Court after submission of the affidavit as indicated above. 9. After the deposit of the aforesaid amount, the Insurance Company shall be permitted to withdraw the statutory deposit made earlier. Page No.# 4/4 10. Case is disposed of. JUDGE Comparing Assistant