Gauhati High Court
MACApp./766/2022 of NATIONAL INSURANCE CO. LTD. Vs SARASWATI DAS AND 7 ORS. on 11 September 2026
GAHC010108372021 2026:GAU-AS:13374 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./766/2022 NATIONAL INSURANCE CO. LTD. REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA- 700071, REP. BY THE A.O., NATIONAL INSURANCE CO. LTD., GAUHATI
GAHC010108372021
2026:GAU-AS:13374
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./766/2022
NATIONAL INSURANCE CO. LTD.
REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA- 700071, REP. BY THE A.O., NATIONAL INSURANCE CO. LTD., GAUHATI
REGIONAL OFFICE, BHANGAGARH, GUWAHATI- 781005
VERSUS
SARASWATI DAS AND 7 ORS.
W/O- LATE MUNNA DAS, R/O- SISHU MANDIR ROAD, SATSANGA ASHRAM
ROAD, P.O. AND P.S. SILCHAR, DIST.- CACHAR, ASSAM, PIN- 788007
2:MISS PAYEL DAS
D/O- LATE MUNNA DAS
R/O- SISHU MANDIR ROAD
SATSANGA ASHRAM ROAD
P.O. AND P.S. SILCHAR
DIST.- CACHAR
ASSAM
PIN- 788007.
3:DEEP DAS
S/O- LATE MUNNA DAS
R/O- SISHU MANDIR ROAD
SATSANGA ASHRAM ROAD
P.O. AND P.S. SILCHAR
DIST.- CACHAR
ASSAM
PIN- 788007.
4:MISS DIPA DAS
D/O- LATE MUNNA DAS
R/O- SISHU MANDIR ROAD
SATSANGA ASHRAM ROAD
P.O. AND P.S. SILCHAR
DIST.- CACHAR
ASSAM
PIN- 788007.
5:SMTI. SANDHYA DAS
W/O- SRI BHAGIRATH DAS
R/O- SISHU MANDIR ROAD
SATSANGA ASHRAM ROAD
P.O. AND P.S. SILCHAR
DIST.- CACHAR
ASSAM
PIN- 788007.
6:BHAGIRATH DAS
S/O- LATE FAKIR CHAND DAS
R/O- SISHU MANDIR ROAD
SATSANGA ASHRAM ROAD
P.O. AND P.S. SILCHAR
DIST.- CACHAR
ASSAM
PIN- 788007. (OPPOSITE PARTY NO. 2
3 AND 4 ARE REP. BY OPPOSITE PARTY NO. 1).
7:RANJIT DAS
S/O- LATE UPENDRA CH. DAS
R/O- NATIONAL HIGH WAY
SISHU MANDIR ROAD
P.O. AND P.S. SILCHAR
DIST.- CACHAR
ASSAM
PIN- 788007.
8:SUDHANGSHU DAS
S/O- SRI GANGA CHARAN DAS
R/O- KARATIGRAM
RONGPUR
P.O. RONGPUR
P.S. SILCHAR
DIST.- CACHAR
ASSAM
PIN- 788009
Advocate for the Petitioner : MS. R D MOZUMDAR, MS. C MOZUMDAR,MR. S P SHARMA
Advocate for the Respondent : MR. M TALUKDAR (R1-R5), MR. A SHAKIL (R1-R5)
NATIONAL LOK ADALAT
MACApp./766/2022
BEFORE
HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA
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::O R D E R::
12.09.2026
The appellant/Insurance company is represented. The respondent Nos. 1 and 2 are present and the respondent Nos. 3 and 4, being a minor, is represented by respondent No.1.
2. It has been submitted that the parties have agreed for a total settlement amount of Rs.16,30,000/- (Rupees sixteen lakh thirty thousand only) as full and final settlement of all the claims of the respondent against the Judgment and award dated 08.11.2019, passed by the learned Member MACT, Cachar at Silchar, Assam in MAC Case No. 106/2016, where the amount awarded by the learned Tribunal was Rs.20,65,840/- (Rupees twenty lakh sixty five thousand eight hundred forty only).
3. Accordingly, the matter is settled on compromise in terms of the pre- settlement/compromise slip for the National Lok Adalat, which is made as a part of record.
4. Both the parties shall put their signature in the pre-settlement compromise slip as token of acceptance for the settlement.
5. The appellant/National Insurance Company Ltd. has already deposited an amount of Rs.7,20,000/-, which shall be released to the respondent No.1 as per procedure if not already released. The appellant/insurance company shall deposit the remaining amount of the settlement Rs.16,30,000/- (Rupees sixteen lakh thirty thousand only) before the Registry of this Court within a period of 45 (forty five) days from the date of the this settlement order, failing which the amount shall carry interest @ 9% per annum till the date of deposit.
6. The respondent No.1, namely, Smti. Saraswati Das, wife of the deceased is present along with her daughter Ms. Dipa Das, aged about 14 years. There are 2 (two) other claimants i.e. Ms. Payel Das aged about 19 years and Sri Deep Das, aged about 16 years, daughter and son of the deceased respectively.
7. The Respondent No.5, wife of Sri Bhaigirath Das has already expired as submitted and in this regard a death certificate dated 02.06.2026 has been submitted. Also the name of respondent No.6, Bhaigirath Das (since deceased) has already been struck out.
8. It is submitted that the respondent Nos.3 and 4, Sri Deep Das and Ms. Dipa Das are minors at the time when the claim was filed and awarded and when the appeal was filed.
9. Out of the said remaining amount of Rs.16,30,000/- (Rupees sixteen lakh thirty thousand only), an amount of Rs.2,00,000/- (Rupees two lakh) only each shall be kept in a fixed deposit in the name of Sri Deep Das and Ms. Dipa Das, respondent Nos.3 and 4 respectively.
10. Another remaining amount of Rs.2,00,000/- (Rupees two lakh) only is to be deposited to the respondent No.2, Ms. Payal Das.
11. The remaining amount of Rs.10,30,000/- (Rupees ten lakh thirty thousand) only shall be paid to the respondent No.1.
12. Registry shall disburse the amount as per procedure.
13. On furnishing proof of the deposit of the entire settlement amount, the Registry shall release the statutory deposit made by the appellant, if any.
14. The matter is disposed of in this Lok Adalat.
JUDGE
Comparing Assistant