Magma Hdi General Insurance Company Ltd vs Rita Biswas @ Rita Das And 5 Ors
2025 Latest Caselaw 5339 Gua

Gauhati High Court

Magma Hdi General Insurance Company Ltd vs Rita Biswas @ Rita Das And 5 Ors on 14 June, 2025

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                  Page No.# 1/4

GAHC010000312025




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

                          Case No. : MACApp./9/2025

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

         RITA BISWAS @ RITA DAS AND 5 ORS
         W/O. LATE PRASENJIT @ PRASANJEET @ PROSANJEET BISWAS

         2:AMARJIT BISWAS
          S/O. LATE PRASENJIT @ PRASANJEET @ PROSANJEET BISWAS

         3:LILU BISWAS
          M/O. LATE PRASENJIT @ PRASANJEET @ PROSANJEET BISWAS.
         ALL ARE R/O. VILL. PUB SALMARIJAN
          P/S. HOJAI
          DIST. HOJAI
         ASSAM
          PIN-782435.
         RESPONDENT NO. 2 BEING MINOR IS REP. BY HIS EGA GUARDIAN
          MOTHER I.E. RESPONDENT NO. 1.

         4:UTTAM PAUL
          S/O. SRI. PUTUL PAUL
          R/O. VILL. BARPUKHURI
          P/S. LANKA
          DIST. HOJAI
         ASSAM
                                                                             Page No.# 2/4

             PIN-782446.

             5:RATAN DAS
              S/O. SRI. SANKAR DAS
              R/O. VILL. PIPALPUKHURI
              P/S. LANKA
              DIST. HOJAI
             ASSAM
              PIN-782446.

             6:SHITENDRA BISWAS
              F/O. LATE PRASENJIT @ PRASANJEET @ PROSANJEET BISWAS
              R/O. VILL. PUB SALMARIJAN
              P/S. HOJAI
              DIST. HOJAI
             ASSAM
              PIN-782435

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

Advocate for the Respondent : D LASKAR(R-4,5), MR D MONDAL (r-1 to 3),MR. R P
HAZARIKA(R-4,5),S PAUL(R-4,5)




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

14.06.2025 This is an appeal filed by the appellant-Magma HDI General Insurance Company Ltd. (for short Insurance Company) against the judgment and award dated 28.10.2024 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup (M), Guwahati (for short MACT, Kamrup) in MAC Case No. 1107/2022 whereby the Insurance Company was directed to pay an amount of Rs.20,04,803.20 along with 9% interest to the claimant.

Shri Imran Ali, Assistant Manager (Legal), Insurance Company and the claimants along with their learned counsel, Shri D Mondal are present today i.e., 14.06.2025 in the National Lok Adalat.

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The parties present jointly submit that the matter has been amicably settled between the parties and a lump sum amount Rs.22,00,000/- as full and final settlement has been agreed upon.

In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the lump sum amount of Rs.22,00,000/- being the full and final settlement before the MACT No.2, Kamrup (M) within a period of 45 days from today.

The claimant would be at liberty to withdraw the aforesaid amount on being properly identified by their learned counsel. The manner of release of the amount would be in the following terms:

i) Rs. 10,00,000/- shall be released to the claimant/respondent no. 1-Smt. Rita Biswas @ Rita Das;

i) Rs. 6,00,000/- is directed to be deposited in a Fixed Deposit scheme in the name of the claimant no. 2-Shri Amarjit Biswas in any nationalized bank for a period of 3 years with renewable clause; and

ii) Rs. 6,00,000/- shall be released to the claimant/respondent no. 3-Smt. Smti. Lilu Biswas.

The statutory deposit of Rs.25,000/- made by the Insurance Company at the time of filing of the appeal would be refunded to the Insurance Company within a period of 30 days.

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Send back the LCRs, if any.

JUDGE

Comparing Assistant