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2026 DAILYLAW 4190 (GAU)

MAGMA HDI GENERAL INSURANCE COMPANY LTD v. PANCHAMI MOMIN AND 5 ORS

MACApp./87/2026 · 2026-03-26

Mridul Kumar Kalita

body2026

Judgment text

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Page No.# 1/4 GAHC010018132026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./87/2026 MAGMA HDI GENERAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO.24, PARK STREET, KOLKOTTA AND A REGIONAL OFFICE AT BLOCK 3B, B201-202 ECOSPACE BUSINESS PARK, , WEST BENGAL AND A BRANCH OFFICE AT F-FORT BUILDING, 2ND FLOOR, SOUTH SARANIA, GS ROAD, GUWAHATI VERSUS PANCHAMI MOMIN AND 5 ORS W/O GREDAR CHAN CHANGMA ALIAS GRADALSON SANGMA 2:GREDAR CHAN CHANGMAALIASGRADALSON SANGMA S/O JADURAM MARA 3:SALSRI MOMIN D/O GREDAR CHAN CHANGMA ALIAS GRADALSON SANGMA 4:BONKAMCHI MOMIN D/O GREDAR CHAN CHANGMAALIASGRADALSON SANGMA ALL ARE R/O-VILL-BULDING PAHAR KAHIBARI P.O.KAHIBARI P.S.RONGJULI DISTGOALPARA CLAIMANTS RESPONDENT NOS.3 4 BEING MINORS ARE REPRESENTED BY THEIR LEGAL GUARDIAN MOTHER I.E. RESPONDENT NO.1. 5:FAIJUL ALI S/O FORMAN ALI R/O-VILL-AMBARI PT-IV P.O.BAGDOBA P.S.DHUPDHORA DISTGOALPARA ASSAM. PINCODE783123. OWNER OF VEHICLE NO.AS-01-EU-8230 6:SRI AMAL NATH S/O KHAGEN NATH R/O-VILLAGE-BABUPARA PT- II P.O. P.S.AGIA Page No.# 2/4 DISTGOALPARA ASSAM. PIN783120. DRIVER OF VEHICLE NO.AS-01-EU-823 Advocate for the Petitioner : MR. R GOSWAMI, MS. P BORTHAKUR,MS. M SAIKIA Advocate for the Respondent : MR. A R AGARWALA, FOR CAVEATOR,MR ADITYA AGARWALA Linked Case : I.A.(Civil)/644/2026 MAGMA HDI GENERAL INSURANCE COMPANY LTD HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO.24 PARK STREET KOLKOTTA AND A REGIONAL OFFICE AT BLOCK 3B B201-202 ECOSPACE BUSINESS PARK WEST BENGAL AND A BRANCH OFFICE AT F-FORT BUILDING 2ND FLOOR SOUTH SARANIA GS ROAD GUWAHATI-781007. VERSUS PANCHAMI MOMIN AND 5 ORS W/O GREDAR CHAN CHANGMA ALIAS GRADALSON SANGMA 2:GREDAR CHAN CHANGMA ALIAS GRADALSON SANGMA S/O JADURAM MARA 3:SALSRI MOMIN D/O GREDAR CHAN CHANGMA ALIAS GRADALSON SANGMA 4:BONKAMCHI MOMIN D/O GREDAR CHAN CHANGMAALIASGRADALSON SANGMA ALL ARE R/O- VILL-BULDING PAHAR KAHIBARI P.O.KAHIBARI P.S.RONGJULI DISTGOALPARA CLAIMANTS RESPONDENT NOS.3 4 BEING MINORS ARE REPRESENTED BY THEIR LEGAL GUARDIAN MOTHER I.E. RESPONDENT NO.1. 5:FAIJUL ALI Page No.# 3/4 S/O FORMAN ALI R/O-VILL-AMBARI PT-IV P.O.BAGDOBA P.S.DHUPDHORA DISTGOALPARA ASSAM. PINCODE783123. OWNER OF VEHICLE NO.AS-01-EU-8230 6:SRI AMAL NATH S/O KHAGEN NATH R/O-VILLAGE-BABUPARA PT- II P.O. P.S.AGIA DISTGOALPARA ASSAM. PIN783120. DRIVER OF VEHICLE NO.AS-01-EU-8230 ------------ Advocate for : MR. R GOSWAMI Advocate for : MR. A R AGARWALA appearing for PANCHAMI MOMIN AND 5 ORS BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 27.03.2026 1. Heard Mr. R. Goswami, the learned counsel for the appellant. Also heard Mr. A. R. Agarwala, the learned counsel for the claimant/respondent. 2. It has been submitted at bar that the matter has been amicably settled between both the parties and it has been agreed that the appellant Insurance Company shall pay a compensation amount of Rs. 17,85,360/- to the claimants without any interest component. 3. The learned counsel for the claimant/respondent has submitted that a copy of affidavit sworn by the claimants wherein they are agreeable to waive the interest component on the awarded compensation. 4. Accordingly. this appeal is disposed of on compensation in terms of the aforesaid agreed compensation amount to be paid by the appellant to the claimants/respondents. Page No.# 4/4 5. It is, therefore, submitted by the learned counsel for the claimants/respondent that by the impugned judgment of the Tribunal, the amount shall be disbursed to the claimants in pursuant to the observation made by the Motor Accident Claims Tribunal, Goalpara in paragraph No. 31 and 32 of the impugned judgment. 6. The appellant/Insurance Company shall deposit the awarded amount before the Registry of this Court within four weeks from the date of this order, the same shall be disbursed by the Registry to the claimants in pursuant to the observations of the Motor Accident Claims Tribunal, Goalpara made in the paragraph No. 31 and 32 of the impugned judgment. 7. The appeal is accordingly disposed of. 8. The statutory deposit deposited by the appellant at the time of filing this appeal shall be returned back to the Insurance Company after proper verification. JUDGE Comparing Assistant