Gauhati High Court
Page No.# 1/6 vs Pinky @ Pinki Das And 4 Ors E on 22 January, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/6
GAHC010092112024
2025:GAU-AS:673
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./13/2025
CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE,
2ND FLOOR, NO. 2 N.S.C. BOSE ROAD, CHENNAI- 600001 AND ITS BRANCH
OFFICE AT AASTHA PLAZA, 4TH FLOOR, OPPOSITE TO S.B. DEORAH
COLLEGE, G.S. ROAD, GUWAHATI.
VERSUS
PINKY @ PINKI DAS AND 4 ORS E
W/O LATE NANTU DAS, R/O CHOKONIDHARA, BURA NAMGHAR, P.S.-
JORHAT, DIST.- JORHAT, ASSAM, PIN- 785001.
2:PROTIM DAS
S/O LATE NANTU DAS
R/O CHOKONIDHARA
BURA NAMGHAR
P.S.- JORHAT
DIST.- JORHAT
ASSAM
PIN- 785001.
(BEING MINOR
REP. BY THE LEGAL GUARDIAN MOTHER I.E. RES. NO. 1).
3:RITUPAN DAS
S/O LATE NANTU DAS
R/O CHOKONIDHARA
BURA NAMGHAR
P.S.- JORHAT
DIST.- JORHAT
ASSAM
Page No.# 2/6
PIN- 785001.
(BEING MINOR
REP. BY THE LEGAL GUARDIAN MOTHER I.E. RES. NO. 1).
4:BANAMALI NATH
S/O LILA NATH
R/O KAKIGAON
P.S.- KAKI
DIST.- HOJAI
ASSAM.
5:PRODIP BORA
S/O TAKESWAR BORA
R/O NO. 2 KAKI CHARIALI
P.S.- KAKI
DIST.- HOJAI
ASSAM
PIN- 782435
Linked Case : I.A.(Civil)/50/2025
CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD.
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT DARE HOUSE
2ND FLOOR
NO. 2 N.S.C. BOSE ROAD
CHENNAI- 600001 AND ITS BRANCH OFFICE AT AASTHA PLAZA
4TH FLOOR
OPPOSITE TO S.B. DEORAH COLLEGE
G.S. ROAD
GUWAHATI.
VERSUS
PINKY @ PINKI DAS AND 4 ORS
W/O LATE NANTU DAS
R/O CHOKONIDHARA
BURA NAMGHAR
P.S.- JORHAT
DIST.- JORHAT
ASSAM
PIN- 785001.
Page No.# 3/6
2:PROTIM DAS
S/O LATE NANTU DAS
R/O CHOKONIDHARA
BURA NAMGHAR
P.S.- JORHAT
DIST.- JORHAT
ASSAM
PIN- 785001.
(BEING MINOR
REP. BY THE LEGAL GUARDIAN MOTHER I.E. RES. NO. 1).
3:RITUPAN DAS
S/O LATE NANTU DAS
R/O CHOKONIDHARA
BURA NAMGHAR
P.S.- JORHAT
DIST.- JORHAT
ASSAM
PIN- 785001.
(BEING MINOR
REP. BY THE LEGAL GUARDIAN MOTHER I.E. RES. NO. 1).
4:BANAMALI NATH
S/O LILA NATH
R/O KAKIGAON
P.S.- KAKI
DIST.- HOJAI
ASSAM.
5:PRODIP BORA
S/O TAKESWAR BORA
R/O NO. 2 KAKI CHARIALI
P.S.- KAKI
DIST.- HOJAI
ASSAM
PIN- 782435.
------------
For the Appellant(s) : Mr. S.K. Goswami, Advocate
For the Respondent(s) : Mr. T. Gogoi, Advocate
Page No.# 4/6
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 22.01.2025
This is an appeal filed under Section 173 of the Motor Vehicles Act,
1988 challenging the judgment and award dated 03.01.2024 passed by
the learned Member, MACT No. 2 Kamrup (M) in MAC Case No.
1579/2022.
2. This Court has duly taken note of the award passed by the learned
Tribunal vide the impugned judgment and award dated 03.01.2024
whereby the learned Tribunal had awarded an amount of Rupees
86,60,083.49/- to the claimants along with interest at the rate of 9% per
annum from the date of filing of the claim petition till realization. It is
also noticed that out of the said amount so awarded Rs. 46,60,083.49/-
along with 9% interest was directed to be released to the claimant No. 1,
who is the wife of the deceased to meet the immediate exigencies.
Further to that, an amount of Rs. 10,00,000/- was directed to be kept in
an FDR of a nationalized bank for a period of two years in the name of
the claimant No. 1. In respect to the claimant Nos. 2 and 3, who were
minors, an amount of Rs. 15,00,000/- each were directed to be kept in a
nationalized bank till the claimant Nos. 2 and 3 attained the age of
majority.
3. This Court also finds it relevant to take note of that during the
pendency of the instant appeal an amicable settlement has been arrived at
between the appellant insurance company and the claimants whereby the
claimants have agreed that a total amount of Rs. 83,00,000/- if paid would
Page No.# 5/6
be full and final settlement towards the satisfaction of the judgment and
award dated 03.01.2024.
4. Heard Mr. S.K. Goswami, the learned counsel appearing on behalf of
the appellant and Mr. T. Gogoi, the learned counsel appearing on behalf of
the respondents/claimants.
5. Both the counsels have duly agreed that there has been an amicable
settlement reached. Taking into account that the amicable settlement
which have been reached is without any force or coercion, this Court
allows the application being I.A.(Civil) No. 50/2025 and thereby holds that
the judgment and award dated 03.01.2024 passed in MAC Case No.
1579/2022 would be duly satisfied upon the deposit of Rs. 83,00,000/- by
the appellant insurance company before the Registry of this Court within
15 days from the date of the instant order.
6. Upon deposit of the said amount, the Registry is directed to release
an amount of Rs.43,00,000/- in favour of the claimant No. 1 i.e. the
respondent No. 1 in the instant proceedings upon necessary identification
and furnishing of the bank details. The Registry is further directed that in
respect to the remaining Rs. 40,00,000/-, Rs. 10,00,000/- is to be kept in
an FDR in a nationalized bank for a period of 5 years in the name of the
claimant No. 1. In respect to the remaining Rs. 30,00,000/-, 2 FDs of Rs.
15,00,000/- each be made in the name of the claimant No. 2/respondent
No. 2 and claimant No.3/respondent No. 3 respectively for a period till
they attain majority.
7. The Registry is further directed that the amount of Rs. 25,000/-
which was the statutory deposit deposited by the appellant at the time of
Page No.# 6/6
filing the Appeal be released upon deposit of the amount of Rs.
83,00,000/- as directed above.
8. With the above, the instant appeal stands disposed and I.A.(Civil)
No. 50/2025 stands allowed.
JUDGE
Comparing Assistant
