MAGMA HDI GENERAL INSURANCE COMPANY LTD. v. RITA BISWAS @ RITA DAS AND 5 ORS
MACApp./9/2025 · 2025-06-13
Sanjay Kumar Medhi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5170 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5170 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010000312025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./9/2025 MAGMA HDI GENERAL INSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24, PARK STREET, KOLKOTTA-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 A BRANCH OFFICE AT F-FORT BUILDING, 2ND FLOOR, SOUTH SARANIA, G.S. ROAD, GUWAHATI-781007. VERSUS RITA BISWAS @ RITA DAS AND 5 ORS W/O. LATE PRASENJIT @ PRASANJEET @ PROSANJEET BISWAS 2:AMARJIT BISWAS S/O. LATE PRASENJIT @ PRASANJEET @ PROSANJEET BISWAS 3:LILU BISWAS M/O. LATE PRASENJIT @ PRASANJEET @ PROSANJEET BISWAS. ALL ARE R/O. VILL. PUB SALMARIJAN P/S. HOJAI DIST. HOJAI ASSAM PIN-782435. RESPONDENT NO. 2 BEING MINOR IS REP. BY HIS EGA GUARDIAN MOTHER I.E. RESPONDENT NO. 1. 4:UTTAM PAUL S/O. SRI. PUTUL PAUL R/O. VILL. BARPUKHURI P/S. LANKA DIST. HOJAI ASSAM
Page No.# 2/4 PIN-782446. 5:RATAN DAS S/O. SRI. SANKAR DAS R/O. VILL. PIPALPUKHURI P/S. LANKA DIST. HOJAI ASSAM PIN-782446. 6:SHITENDRA BISWAS F/O. LATE PRASENJIT @ PRASANJEET @ PROSANJEET BISWAS R/O. VILL. PUB SALMARIJAN P/S. HOJAI DIST. HOJAI ASSAM PIN-782435 Advocate for the Petitioner : MR. R GOSWAMI, MS. P BORTHAKUR,MS. M SAIKIA Advocate for the Respondent : D LASKAR(R-4,5), MR D MONDAL (r-1 to 3),MR. R P HAZARIKA(R-4,5),S PAUL(R-4,5)
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 14.06.2025 This is an appeal filed by the appellant-Magma HDI General Insurance Company Ltd. (for short Insurance Company) against the judgment and award dated 28.10.2024 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup (M), Guwahati (for short MACT, Kamrup) in MAC Case No. 1107/2022 whereby the Insurance Company was directed to pay an amount of Rs.20,04,803.20 along with 9% interest to the claimant. Shri Imran Ali, Assistant Manager (Legal), Insurance Company and the claimants along with their learned counsel, Shri D Mondal are present today i.e., 14.06.2025 in the National Lok Adalat. Page No.# 3/4 The parties present jointly submit that the matter has been amicably settled between the parties and a lump sum amount Rs.22,00,000/- as full and final settlement has been agreed upon.
In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the lump sum amount of Rs.22,00,000/- being the full and final settlement before the Registry of this Court within a period of 45 days from today. The claimant would be at liberty to withdraw the aforesaid amount on being properly identified by their learned counsel. The manner of release of the amount would be in the following terms:
i) Rs. 10,00,000/- shall be released to the claimant/respondent no. 1-Smt. Rita Biswas @ Rita Das;
i) Rs. 6,00,000/- is directed to be deposited in a Fixed Deposit scheme in the name of the claimant no. 2-Shri Amarjit Biswas in any nationalized bank for a period of 3 years with renewable clause; and
ii) Rs. 6,00,000/- shall be released to the claimant/respondent no. 3-Smt. Smti. Lilu Biswas. The statutory deposit of Rs.25,000/- made by the Insurance Company at the time of filing of the appeal would be refunded to the Insurance Company within a period of 30 days. Page No.# 4/4 Send back the LCRs, if any. JUDGE Comparing Assistant