Gauhati High Court
MACApp./653/2022 of MAGMA HDI GENERAL INSURANCE COMPANY LTD. Vs POONAM DEVI AND 6 ORS. on 11 September 2026
GAHC010177112022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./653/2022 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,
GAHC010177112022
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./653/2022
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, GS
ROAD, GUWAHATI 781007
VERSUS
POONAM DEVI AND 6 ORS.
W/O LATE PRAMOD SAIN @ PRAMOD KUMAR SAIN, RESIDENT OF VILLAGE B.C DAS ROAD, SANTI PARA, PO, PS AND DIST
DIBRUGARH, ASSAM 786001
2:MISS KOMAL SAIN
D/O LATE PRAMOD SAIN
RESIDENT OF VILLAGE B.C DAS ROAD
SANTI PARA
PO
PS AND DIST DIBRUGARH
ASSAM 786001
3:SRI TANMAY SAIN
S/O LATE PRAMOD SAIN
RESIDENT OF VILLAGE B.C DAS ROAD
SANTI PARA
PO
PS AND DIST DIBRUGARH
ASSAM 786001
4:SRI OM PRAKASH NAI
S/O LATE MALI RAM NAI
RESIDENT OF VILLAGE B.C DAS ROAD
SANTI PARA
PO
PS AND DIST DIBRUGARH
ASSAM 786001
5:SMTI SITA DEVI SAIN
W/O SRI OM PRAKASH NAI
RESIDENT OF VILLAGE B.C DAS ROAD
SANTI PARA
PO
PS AND DIST DIBRUGARH
ASSAM 786001
6:MOTIUR RAHMAN
S/O MOFIDUL ISLAM
RESIDENT OF KESHARI
PO KESHARI
PS JURIA
DIST NAGAON
ASSAM 782124
7:MD. SUJJATUL ISLAM
S/O MD. SAIF UDDIN
RESIDENT OF DALONI
JURIA
PO TINSUKIA
PS JURIA
RUPOHI
DIST NAGAON
ASSAM 78212
Advocate for the Petitioner : MR. R GOSWAMI, MS. P BORTHAKUR,MS. M SAIKIA
Advocate for the Respondent : ,
NATIONAL LOK ADALAT
BEFORE
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
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ORDER
Date : 12.09.2026
Sri Om Prakash Nai and Smti Sita Devi Sain are present before this Court along with Mr. Debashish Gogoi, learned counsel who had represented the claimants before the learned Tribunal. It has been jointly submitted by the claimants who are present and the learned counsel who had represented the claimants before the learned Tribunal that since the claimant Nos.1 to 3 are presently in Rajasthan and could not secure reservation to appear before the Lok Adalat, instructions have been issued to the counsel representing them before the learned Tribunal to convey the concurrence of the aforesaid claimant Nos.1 to 3 to the settlement arrived at in the present case. The learned counsel has also produced the WhatsApp message containing the declaration of claimant No.1, who is also the natural guardian of claimant Nos.2 and 3, stating that there would be no objection for closure of the appeal on the basis of the settlement arrived at between the parties. Md. Irman Ali, representative of the appellant-Insurance Company, is present along with Mr. R. Goswami, learned counsel. In view of the settlement arrived at between the parties, the appeal is accordingly closed on the settlement that the appellant-Insurance Company shall pay an another amount of Rs.6,00,000/- over and above the amount already deposited amount of Rs.24,59,013/-. It has been submitted that the claimants have already withdrawn an amount of Rs.24,59,013/-, which was deposited before the Registry of this Court.
The Insurance Company shall deposit the remaining amount of Rs.6,00,000/- before the Registry of this Court and the same shall be disbursed to the claimants as per the procedure laid down in Notification No.43 dated 26.06.2020. The statutory deposited amount by the appellant Insurance Company shall be refunded as per the procedure. The copy of the settlement be kept on record.
JUDGE Comparing Assistant