BAJAJ ALLIANZ GENERAL INSURANCE CO LTD. v. SMT MADHABI RABHA AND 6 ORS
MACApp./70/2026 · 2026-03-13
Sanjeev Kumar Sharma
Public Interest Litigationbody2026
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[ 2026 DAILYLAW 1598 (GAU) · dailylaw.ai ]
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[ 2026 DAILYLAW 1598 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/5 GAHC010031532026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./70/2026 BAJAJ ALLIANZ GENERAL INSURANCE CO LTD. HAVING ITS OFFICE AT SREEJI TOWER, 2ND FLOOR, C/O GAUHATI TEA WAREHOUSING PVT. LTD., ADJACENT TO MAHINDRA SHOWROOM GUWAHATI781006, KAMRUP (M) VERSUS SMT MADHABI RABHA AND 6 ORS WIFE OF LATE APRAK RABHA ALIAS APARAK RABHA ALIAS APAK RABHA AGED ABOUT 34 YEARS 2:SRI PAMILA RABHA ALIAS PAMAPILA RABHA SON OF LATE KHOCHAI RABHA AGED ABOUT 66 YEARS 3:SMT NACHIMAI RABHA WIFE OF SRI PAMILA RABHA 4:NAYANJYOTI RABHA (MINOR) SON OF LATE APRAK RABHA AGED ABOUT 08EIGHT YEARS 5:ANKUR RABHA (MINOR) SON OF LATE APRAK RABHA AGED ABOUT 08 EIGHT MONTHS RESPONDENT NOS. 4 AND 5 BEING MINOR BE REPRESENTED BY THEIR MOTHER RESPONDENT NO.1 ALL ARE RESIDENT OF LAHAPARA P.O. BESORKONA P.S. LAKHIPUR DISTRICT - GOALPARA-783129 ASSAM 6:BAREN RABHA SON OF KHITHAR RABHA RESIDENT OF LAHAPARA P.. BESORKONA
Page No.# 2/5 P.S. LAKHIPUR DISTRICT- GOALPARA- 783129 ASSAM. OWNER OF VEHICLE NO. AS-18-K4475M. YCLE 7:ABBAS ALI SON OF LATE MULUK CHAN RESIDENT OF VILL- SAPTIBARI P.O. FETENGAPARA P.S. LAKHIPUR DISTRICT- GOALPARA- 783129 ASSAM RIDER OF VEHICLE NO. AS-18-K4475 (M. CYCLE Advocate for the Petitioner : MR. P M TALUKDAR, MR. R BAISHYA Advocate for the Respondent : MR. M TALUKDAR(R1 TO 5), B SARMA(R1 TO 5) Linked Case : I.A.(Civil)/512/2026 BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. HAVING ITS OFFICE AT SREEJI TOWER 2ND FLOOR C/O GAUHATI TEA WAREHOUSING PVT. LTD. ADJACENT TO MAHINDRA SHOWROOM GUWAHATI781006 KAMRUP (M) VERSUS SMT MADHABI RABHA AND 6 ORS WIFE OF LATE APRAK RABHA ALIAS APARAK RABHA ALIAS APAK RABHA AGED ABOUT 34 YEARS 2:SRI PAMILA RABHA ALIAS PAMAPILA RABHA SON OF LATE KHOCHAI RABHA AGED ABOUT 66 YEARS 3:SMT NACHIMAI RABHA WIFE OF SRI PAMILA RABHA 4:NAYANJYOTI RABHA (MINOR) SON OF LATE APRAK RABHA AGED ABOUT 08EIGHT YEARS 5:ANKUR RABHA (MINOR) SON OF LATE APRAK RABHA AGED ABOUT 08 EIGHT MONTHS RESPONDENT NOS. 4 AND 5 BEING MINOR BE REPRESENTED BY THEIR
Page No.# 3/5 MOTHER RESPONDENT NO.1 ALL ARE RESIDENT OF LAHAPARA P.O. BESORKONA P.S. LAKHIPUR DISTRICT - GOALPARA-783129 ASSAM 6:BAREN RABHA SON OF KHITHAR RABHA RESIDENT OF LAHAPARA P.. BESORKONA P.S. LAKHIPUR DISTRICT- GOALPARA- 783129 ASSAM. OWNER OF VEHICLE NO. AS-18-K4475M.
YCLE 7:ABBAS ALI SON OF LATE MULUK CHAN RESIDENT OF VILL- SAPTIBARI P.O. FETENGAPARA P.S. LAKHIPUR DISTRICT- GOALPARA- 783129 ASSAM RIDER OF VEHICLE NO. AS-18-K4475 (M. CYCLE) ------------ Advocate for : MR. P M TALUKDAR Advocate for : appearing for SMT MADHABI RABHA AND 6 ORS
BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 14.03.2026
Appellant Insurance Company is represented. Nachimai Rabha, mother of respondent No. 1, is also present through the learned counsel. However, the remaining respondents are not present. Respondent Nos. 4 & 5 are the minor children of the respondent No. 1, whereas the respondent Nos. 2 & 3 are the father and mother of the deceased. The minor children are represented by respondent No. 1, the wife of the deceased. Respondent Nos. 2 & 3 are not present in this Lok Adalat today. Page No.# 4/5 It is stated by respondent No. 1 that the respondent Nos. 2 & 3 are also agreeable to the settlement amount and would accept the proportion in which the amount is to be divided amongst the claimants. Having regard to the above, the settlement is accepted subject to the submission of an affidavit by the respondent Nos. 2 & 3, stating that they have no objection to the aforesaid settlement and that the amount shall be apportioned between the claimants as follows:—
"27. Protection of awarded money: The award sum of Rs. 27,13,000/- is hereby divided amongst the five claimants. Claimant Pampila Rabha (father of the deceased) shall receive Rs. 1,00,000/- (Rupees One Lakh Only). Claimant Nachimai Rabha (mother of the deceased) shall receive Rs. 5,00,000/- (Rupees Five Lakh Only). It is directed that, out of the sum awarded to Nachimai Rabha, an amount of Rs. 1,50,000/- shall be placed in a fixed deposit account in her name for a period of 3 years. Claimants Nayonjyoti Rabha and Ankur Rabha and Ankur Rabha, the two minor children, shall each receive Rs. 4,00,000/- (Rupees Four Lakh only). The total sum awarded to the two children shall be held in a Fixed Deposit Accounts until each child attains majority.
However, for bona fide educational needs, a portion of the fixed deposit may be liquidated after 5 years or when the respective child reaches the age of 16 years, subject to orders from this Tribunal. Page No.# 5/5
28. Claimant Madhabi Rabha (wife of the deceased) shall receive the balance amount of Rs. 13,13,1000/- shall be placed in a Fixed Deposit in her name for a period of five years. It is further directed that the insurance company shall compute the total accrued interest and then divide it proportionately amongst all the claimants.” Pursuant to discussion held earlier, the appellant and respondent No. 1 have arrived at a settlement for amount of Rs. 27,13,000/- as full and final settlement of the Court. The Insurance Company to deposit the remaining amount within a period of 4 (four) weeks with the Registry of this Court. The statutory deposit earlier made by the Insurance Company is allowed to be withdrawn. JUDGE Comparing Assistant