Disposed

National Insurance Co. Ltd. v. Saraswati Das and 7 Ors.

Gauhati HC11 Sept 2026MACApp./766/2022

Case brief

AI extract

What is this about?

In a National Lok Adalat proceeding, the court recorded a compromise settlement between the insurance company and accident claimants for Rs. 16.30 lakhs, directing payment distribution and disposal of the matter.

What did the court decide?

Settlement of Rs. 16,30,000 ordered; funds to be distributed with Rs. 2,00,000 each kept in fixed deposit for minor claimants.

National Insurance Co. Ltd. Vs Saraswati Das and 7… — Writ and Judicial Review | Gauhati HC (2026)

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GAHC010108372021

2026:GAU-AS:13374

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

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Case No. : MACApp./766/2022

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NATIONAL INSURANCE CO. LTD.

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REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA700071, REP. BY THE A.O., NATIONAL INSURANCE CO. LTD., GAUHATI REGIONAL OFFICE, BHANGAGARH, GUWAHATI- 781005

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VERSUS

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SARASWATI DAS AND 7 ORS.

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W/O- LATE MUNNA DAS, R/O- SISHU MANDIR ROAD, SATSANGA ASHRAM ROAD, P.O. AND P.S. SILCHAR, DIST.- CACHAR, ASSAM, PIN- 788007

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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.

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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.

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4:MISS DIPA DAS D/O- LATE MUNNA DAS R/O- SISHU MANDIR ROAD

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Page No.# 2/5

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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

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Advocate for the Petitioner : MS. R D MOZUMDAR, MS. C MOZUMDAR,MR. S P SHARMA

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Advocate for the Respondent : MR. M TALUKDAR (R1-R5), MR. A SHAKIL (R1-R5)

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Page No.# 3/5

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NATIONAL LOK ADALAT

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MACApp./766/2022

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BEFORE

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HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA

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::O R D E R::

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12.09.2026

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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.

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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).

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Accordingly, the matter is settled on compromise in terms of the presettlement/compromise slip for the National Lok Adalat, which is made as a part of record.

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Both the parties shall put their signature in the pre-settlement compromise slip as token of acceptance for the settlement.

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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.

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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.

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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.

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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.

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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.

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Another remaining amount of Rs.2,00,000/- (Rupees two lakh) only is to be deposited to the respondent No.2, Ms. Payal Das.

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The remaining amount of Rs.10,30,000/- (Rupees ten lakh thirty thousand) only shall be paid to the respondent No.1.

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Registry shall disburse the amount as per procedure.

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On furnishing proof of the deposit of the entire settlement amount, the Registry shall release the statutory deposit made by the appellant, if any.

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The matter is disposed of in this Lok Adalat.

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JUDGE

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Comparing Assistant

National Insurance Co. Ltd. v. Saraswati Das and 7 Ors.

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National Insurance Co. Ltd. v. Saraswati Das and 7 Ors.

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