Gauhati High Court
MACApp./607/2025 of SBI GENERAL INSURANCE COMPANY LTD Vs SMTI NIRMALI KALITA ALIAS NIMAMALI DAS on 13 March 2026
GAHC010277682025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./607/2025 SBI GENERAL INSURANCE COMPANY LTD JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA ROAD, ANDHERI EAST, MUMBAI-400096 REGIONAL OFFICE AT 4TH FLOOR, B
GAHC010277682025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./607/2025
SBI GENERAL INSURANCE COMPANY LTD
JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA
ROAD, ANDHERI EAST, MUMBAI-400096 REGIONAL OFFICE AT 4TH
FLOOR, B BLOCK, APEEJAY HOUSE, 15 PARK STREET, KOLKATA-7000016
AND BRANCH OFFICE AT 2ND FLOOR, LAKSHMI DARSHAN BUILDING, OPPOSITE BORA SERVICE, G.S. ROAD, ULUBARI, GUWAHATAI 781007, ASSAM.
VERSUS
SMTI NIRMALI KALITA ALIAS NIMAMALI DAS
W/O LATE DHIRAJ KALITA
2:MASTER SAMEER KALITA
S/O LATE DHIRAJ KALITA
3:MASTER HRIDAY KALITA
S/O LATE DHIRAJ KALITA
4:SMTI NIRU KALITA
W/O LATE THANESWAR KALITA ALL ARE R/O VILL. BHURAPARA
(RAMPUR)
P.O. BHAGAWATIPARA
P.S. PALASHBARI
DIST. KAMRUP
ASSAM
PIN 781132
PRESENTLY RESIDING AT
ADABARI
P.S. JALUKBARI
DIST. KAMRUP (M)
ASSAM
PIN 781126
RESPONDENT NOS 2 AND 3 BEING MINORS ARE REPRESENTED BY THE
LEGAL GUARDIAN MOTHER
Advocate for the Petitioner : MONDAKINI SAIKIA, MS. M SAIKIA,MS. P BORTHAKUR
Advocate for the Respondent : , MR ADITYA AGARWALA (R-1)
BEFORE
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
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ORDER
Date : 14.03.2026 The claimants namely Smt. Nirmali Kalita and Niru Kalita have appeared in person. The other two claimants namely Samir Kalita and Hriday Kalita are minor sons of Smt. Nirmali Kalita. The MACT Kamrup, Amingaon had awarded the total compensation of Rs. 26,34,507/- with an interest @ 8% per annum from the date of filing a claim petition till realization. Today, the parties i.e., the claimants have appeared in person and the insurers are represented by Samarjit Barua and Mr. R Goswami learned counsel. They have submitted that they have arrived at settlement of Rs. 26,00,000/- as full and final settlement of the compensation. Accordingly, the insurers are deposit sum of Rs. 26,00,000/- to the Registry of this Court within a period of 45 days from today, in which event no further interest would be leviable. In the failure to deposit within period of 45 days, statutory interest shall be levied. Upon deposit of the settled amount by the insurer, a sum of Rs. 6,00,000/- shall be released to Smt. Niru Kalita wife of the late Thaneswar Kalita on proper identification. A sum of Rs. 3,00,000/- each shall be deposited in fixed deposit in the names of Shri Samir Kalita son of late Dhiraj Kalita and Shri Hriday Kalita son of late Dhiraj Kalita for a period till they attain the age of majority. The FDs be handed over to the natural guardian of the two minors namely Smt. Nirmali Kalita. The remaining sum of Rs. 14,00,000/- be released to the claimant No.1 Smt. Nirmali Kalita, wife of late Dhiraj Kalita on proper identification. On the settlement award being deposited in the Registry of this Court, the statutory deposit, if any, be released/ refunded to the insurer company. MAC Appeal is closed on settlement. JUDGE Comparing Assistant