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2025 DAILYLAW 3274 (GAU)

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

MACApp./507/2025 · 2026-05-12

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 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.# 2/3 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 MRIDUL KUMAR KALITA ORDER Date : 13.05.2026 Heard Mr. R. Goswami, the learned counsel for the appellant. Also heard Mr. A. R. Agarwalla, the learned counsel for the Respondent Nos. 1 to 4/claimants 2. It appears that, this appeal was disposed of in the National Lok Adalat, which was held on 14.03.2026 and this appeal was amicably settled between both the parties at an agreed amount of Rs. 30, 00, 000/- (Rupees Thirty Lakhs). While disposing of this case, it was directed by the Lok Adalat in its order dated 14.03.2026, that Respondent No. 4, who is the mother of the deceased, will get Rs. 5, 00, 000/- (Rupees Five Lakhs) in addition to Rs. Page No.# 3/3 50,000/- (Rupees Fifty thousand) which has already been paid to her. 3. It is also submitted that, out of the settled amount, of Rs: 13,53,012/- has already been deposited by the appellant, insurance company and same has been disbursed to respondent No. 1, out of which a sum of Rs. 50,000/- was paid to the respondent No. 4. 4. The Lok Adalat also directed the respondent No. 4 to file an affidavit before this court to indicate as to whether, she is agreeable to the settlement arrived at in the Lok Adalat. Accordingly, the respondent No. 4 has filed her affidavit indicating her consent to the settlement arrived at in the Lok Adalat dated 14.03.2026. Insurance company has already deposited the remaining amount of Rs. 16, 46,988/- as was directed by the Lok Adalat, the registration diverse an amount of Rs. 5,00,000/-out of the aforesaid amount to the respondent No. 4 in terms of the amicable settlement arrived at in the Lok Adalat. 5. As was directed by the Motor Accident Claims Tribunal, out of the remaining amount, Rs. 5, 00,000/- each shall be deposited by the Respondent No. 1 in the name of Respondent Nos. 2 & 3 respectively in a nationalized bank in fixed deposit till they are attaining the age of majority. The remaining amount may be taken by Respondent No. 1. 6. Registry to comply with the above directions. JUDGE Comparing Assistant