Magma Hdi General Insurance Company Ltd vs Shwafiya Khatun And 4 Ors
2025 Latest Caselaw 5326 Gua

Gauhati High Court

Magma Hdi General Insurance Company Ltd vs Shwafiya Khatun And 4 Ors on 14 June, 2025

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                  Page No.# 1/4

GAHC010275042024




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                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : MACApp./6/2025

         MAGMA HDI GENERAL INSURANCE COMPANY LTD
         HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24, PARK
         STREET, KOLKOTA-700016 AND A REGIONAL OFFICE AT BLOCK 3B, B201-
         202 ECOSPACE 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

         SHWAFIYA KHATUN AND 4 ORS
         W/O. LATE MOFIDUL ISLAM

         2:HAJERA KHATUN
         W/O. ASHRAB ALI

         3:ABIDA KHATUN
          D/O. LATE MOFIDUL ISLAM

         4:SAFIR UDDIN
          S/O. LATE MOFIDUL ISLAM

         5:MORIUM BIBI
          D/O. LATE MOFIDUL ISLAM

         ALL RE R/O. VILL. GEHUA CHALCHALI
         P/S. RUPAHIHAT
         DIST. NAGAON
         ASSAM
         PIN-782125.
                                                                         Page No.# 2/4

            RESPONDENT NO. 3 TO 5 BEING MINORS ARE REPRESENTED BY THEIR
            LEGAL GUARDIAN
            MOTHER I.E. RESPONDENT NO.1

            6:FOZLUL HOQUE
             S/O. ROFIQUL ISLAM
             R/O. VILL. KANCHANPUR
             P/S. RUPHIHAT
             DIST. NAGAON
            ASSAM
             PIN-78212

Advocate for the Petitioner   : MR. R GOSWAMI, MS. P BORTHAKUR,MS. M SAIKIA

Advocate for the Respondent : MR A N IQBAL (R1-R5), R HAQUE (R1-R5)




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

14.06.2025 The appeal has been filed by the appellant - Magma HDI General Insurance Company Ltd. (Insurance Company) against the judgment and award dated 20.09.2024 passed by the Learned Member, Motor Accident Claims Tribunal, Nagaon in MAC Case No. 264/2021. Out of the awarded amount, Rs.10,28,660/- has already been paid but not withdrawn.

2. Md. Imran Ali, Assistant Manager of the Insurance Company and the claimant No.1 - Shwafiya Khatun, claimant No. 2 - Hajera Khatun, claimant No. 3 - Abida Khatun, claimant No. 4 - Safir Uddin and claimant No. 5 - Morium Bibi (claimant nos. 3 to 5 are children of the deceased) along with their learned counsel, Shri AN Iqbal are present today i.e., 14.06.2025 in the National Lok Adalat.

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3. The parties present before this Court jointly submit that the matter has been settled between the parties and a lump sum amount of Rs.20,00,000/- has been agreed upon.

4. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the balance amount of Rs.9,71,340/- being the full and final settlement before the Registry of this Court within a period of 45 days from today.

5. The manner of release of the entire amount of would be in the following terms:

i) Out of the aforesaid amount of Rs.20,00,000/-, Rs.12,00,000/- is directed to be released to the claimant No. 1 - Shwafiya Khatun (wife of the deceased); Rs.2,00,000/- is directed to be released to the claimant No. 2 - Hajera Khatun (mother of the deceased);

Rs.2,00,000/- each is directed to be deposited in a Fixed Deposit scheme in the names of claimant No. 3 - Abida Khatun, claimant No. 4 - Safir Uddin and claimant No. 5 - Morium Bibi (claimant nos. 3 to 5 are children of the deceased), who are minors to be represented by their mother, in any nationalized bank for a period of 3 years with a renewable clause.

6. The claimant Nos. 1 and 2 would be at liberty to withdraw the aforesaid amount on being properly identified by their learned counsel.

7. The appeal stands disposed of.

8. The statutory deposit of Rs.25,000/- made by the Insurance Company at Page No.# 4/4

the time of filing of the appeal would be refunded to the Insurance Company within a period of 30 days.

9. Send back the LCR, if any.

JUDGE

Comparing Assistant