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2026 DAILYLAW 2517 (GAU)

SBI GENERAL INSURANCE COMPANY LTD. v. SMTI PURABI DAS AND 6 ORS

MACApp./104/2026 · 2026-03-22

Mridul Kumar Kalita

body2026

Judgment text

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Page No.# 1/4 GAHC010194312025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./104/2026 SBI GENERAL INSURANCE COMPANY LTD. JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA ROAD, ANDHERI (EAST), MUMBAI- 400069, REGIONAL OFFICE AT 4TH FLOOR, B BLOCK, APEEJAY HOUSE, 15 PARK STREET, KOLKATA-700016 AND BRANCH OFFICE AT 2ND FLOOR, LAKSHMI DARSHAN BUILDING, OPPOSITE BORA SERVICE, G.S. ROAD, ULUBARI, GUWAHATI- 781007 (ASSAM) VERSUS SMTI PURABI DAS AND 6 ORS W/O LATE RUPANTA DAS, R/O VILL- MILANPUR, P.O.- PATHALIPAM, DIST- LAKHIMPUR, ASSAM, PIN-787056 2:RITUPAN DAS S/O LATE RUPANTA DAS R/O VILL- MILANPUR P.O.- PATHALIPAM DIST- LAKHIMPUR ASSAM PIN-787056 (BEING MINOR REPRESENTED BY RESPONDENT NO. 1) 3:BASTOB DAS S/O LATE RUPANTA DAS R/O VILL- MILANPUR P.O.- PATHALIPAM DIST- LAKHIMPUR ASSAM PIN-787056 (BEING MINOR REPRESENTED BY RESPONDENT NO. 1) 4:SMTI HEMADA DAS M/O LATE RUPANTA DAS R/O VILL- MILANPUR P.O.- PATHALIPAM Page No.# 2/4 DIST- LAKHIMPUR ASSAM PIN-787056 5:BHABAKANTA DAS F/O LATE RUPANTA DAS R/O VILL- MILANPUR P.O.- PATHALIPAM DIST- LAKHIMPUR ASSAM PIN-787056 6:DIPLU SHARMA S/O LATE CHANDRA SHARMA R/O VILL- NATUN GHILAMARA P.S.- GHILAMARA DIST- LAKHIMPUR ASSAM PIN-787053 7:PHANI BARMAN S/O KACHU BARMAN R/O VILL- NATUN GHILAMARA P.S.- GHILAMARA DIST- LAKHIMPUR ASSAM PIN-78705 Advocate for the Petitioner : MR. R GOSWAMI, MS. P BORTHAKUR,MS. M SAIKIA Advocate for the Respondent : MR. S SINGH(R1,4,5), BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 23.03.2026 1. Heard Mr. R. Goswami, learned counsel for the appellant. Also heard Mr. A. Baruah, learned counsel appearing on behalf of Mr. S. Singh, learned counsel for the claimants/respondents. 2. This matter was listed before the Lok Adalat on 14.03.2026. Page No.# 3/4 3. It is submitted by the learned counsel for the appellant as well as the claimants/respondents that though the matter was amicably settled between the parties and it was agreed that this case may be disposed of at a final settlement of Rs.21,00,000/- (Rupees Twenty One Lakh) to be paid by the Insurance Company to the claimants. However, on that date, i.e., on 14.03.2026, the claimant No. 4, namely, Smti Hemada Das could not appear before the Lok Adalat and hence the matter could not be finally disposed of. 4. It also appears that by order dated 14.03.2026, the claimants were given liberty to submit affidavits regarding their no objection and the share of the claim amount to be apportioned between the claimants. Accordingly, the claimant No. 4 has filed an affidavit today wherein she has stated that she is agreeable to the amicable settlement arrived at between the Insurance Company and the claimants subject to the condition that an amount of Rs.3,00,000/- should be given out of the total agreed amount to the respondent No. 4. 5. The learned counsel for the appellant as well as learned counsel for the respondents has submitted that out of total agreed amount of Rs.21,00,000/- (Rupees Twenty One Lakh), the apportionment of the said amount shall be as follows:- Smti Purabi Das shall get an amount of Rs.11,00,000/- (Rupees Eleven Lakh), Sri Ritupan Das and Bastob Das would get an amount of Rs. 3,00,000/- (Rupees Three Lakh) each, Sri Bhabakanta Das would get an amount of Rs.1,00,000/- (Rupees One Lakh) and the claimant No. 4, Smti Hemada Das would get an amount of Rs. 3,00,000/- (Rupees Three Lakh). Page No.# 4/4 6. In terms of the aforesaid amicable settlement reached between the parties, this appeal is accordingly disposed of on compromise. 7. The statutory deposit deposited by the appellant may be returned back to the appellant by the Registry after verification. 8. The share of compensation awarded to the children, namely, Sri Ritupan Das and Bastob Das shall be deposited in a bank as fixed deposit till the attainment of age of majority by both the children. 9. The amount agreed amicably between the parties shall be deposited by the Insurance Company before the Registry within six weeks from the date of this order. 10. This appeal is accordingly disposed of. JUDGE Comparing Assistant