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Gauhati High Court
Magma Hdi General Insurance Company Ltd vs Nayanmani Pegu @S Nayanmoni Pegu And 5 ... on 14 March, 2026
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GAHC010171992025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./507/2025
MAGMA HDI GENERAL INSURANCE COMPANY LTD
HAVING ITS REGISTERED OFFICE AT MAGMA HOUSE NO. 24, PARK
STREET, KOLKATA-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
BRANCH OFFICE AT F-FORT BUILDING, 2ND FLOOR, SOUTH SARANIA,
G.S. ROAD, GUWAHATI-781007.
VERSUS
NAYANMANI PEGU @S NAYANMONI PEGU AND 5 ORS
W/O. LT. DHANUJ PEGU @ DHONUJ PEGU
2:DEVASHREE PEGU
D/O. LT. DHANUJ PEGU @ DHONUJ PEGU
3:PUSPANJALI PRGU
D/O. LT. DHANUJ PEGU @ DHONUJ PEGU
4:HEMESWARI PEGU @ HIMESWARI
W/O. SRI BHABAKANTA PEGU @ BHAWAKANTA PEGU
ALL ARE R/O. VILL.- TINGIRI GAON
P/S. GOGAMUKH
DIST. DHIMAJI
ASSAM
PIN-787035
PRESENT ADDRESS- R/O. ADABARI
P/S JALUKBARI
DIST. KAMRUP (M)
ASSAM
PIN-781126
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5:ARUP GOGOI
S/O. SRI PURNANDA GOGOI
R/O. VILL.- MANGALATI
P/O. BORDOLONI
P/S. GOGAMUKH
DIST. DHEMAJI
ASSAM
PIN-787026
6:DEBESWAR PAIT
S/O. LT. RUKESWAR PAIT
R/O. VILL.- NAMANI TAJIK GAON
P/O. AND P/S. GOGAMUKH
DIST. DHEMAJI
ASSAM
PIN-78703
Advocate for the Petitioner : MS. M SAIKIA, MS. P BORTHAKUR,MR. R GOSWAMI
Advocate for the Respondent : FOR CAVEATOR, MR. A R AGARWALA,MR ADITYA
AGARWALA
BEFORE
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
ORDER
Date : 14.03.2026
Respondent Nayanmani Pegu @ Nayanmoni Pegu is present along with her
learned counsel Mr. A. R. Agarwala.
2. The Insurance Company is also represented. Respondent No. 4, i.e.,
Hemeswari Pegu @ Himeswari, is not present. The other two respondents, who
are the daughters of Respondent No. 1, are minors and are represented by their
mother, i.e., Respondent No. 1.
3. It is stated that, pursuant to the pre-litigation settlement, the parties have
agreed to a total compensation amount of Rs. 30,00,000/-, out of which an
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amount of Rs. 13,53,012/- has already been deposited and withdrawn by
Respondent No. 1.
4. It is submitted by Respondent No. 1 that, out of the said amount of Rs.
13,53,012/-, a sum of only Rs. 50,000/- was paid to Respondent No. 4, who is
the mother-in-law of Respondent No. 1.
5. Respondent No. 1 has agreed to the final settlement amount of Rs.
30,00,000/-. On perusal of the award passed by the learned Tribunal, it is seen
that, out of the total awarded amount of Rs. 27,06,023.16/-, the learned
Tribunal had determined that the share of Respondent No. 4, the mother of the
deceased, would be Rs. 6,00,000/- along with her share of interest @ 9% per
annum.
6. Having regard to the above, it is agreed by Respondent No. 1 that, out of
the total settled amount of Rs. 30,00,000/-, a further sum of Rs. 5,00,000/-
shall be payable to Respondent No. 4.
7. Having regard to the above, the said settlement amount of Rs. 30,
00,000/- is agreed to and accepted, subject to the filing of an affidavit before
the Registry of this Court by Respondent No. 4 stating her agreement to the
total settlement amount as well as to her share of Rs. 5, 00,000/-, which shall
be in addition to the amount of Rs. 50,000/- already paid to her.
8. The Insurance Company shall deposit the balance amount of Rs. 16,
46,988/- with the Registry of this Court within one month. However, withdrawal
of the said amount shall be subject to further orders to be passed by the Court
after submission of the affidavit as indicated above.
9. After the deposit of the aforesaid amount, the Insurance Company shall be
permitted to withdraw the statutory deposit made earlier.
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10. Case is disposed of.
JUDGE
Comparing Assistant
