Citation : 2025 Latest Caselaw 9328 Gua
Judgement Date : 5 December, 2025
Page No.# 1/10
GAHC010127762025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/197/2025
LATHRANG BORN BUAM
S/O LATE DR. P WELSON BUAM, DEPUTY GENERAL MANAGER, OFFICE
OF NEW INDIA ASSURANCE CO. LTD., GUWAHATI REGIONAL OFFICE,
STAR CITY COMPLEX, 5TH FLOOR, LACHIT NAGAR, G.S. ROAD,
GUWAHATI 781008
VERSUS
UNION OF INDIA AND 23 ORS
REPRESENTED BY ITS SECY. OF FINANCIAL SERVICE, MINISTRY OF
FINANCE, JEEVAN DEEP BUILDING, SANSAD MARG, NEW DELHI 110001,
INDIA.
2:GENERAL INSURANCE PUBLIC SECTOR ASSOCIATION
REPRESENTED BY ITS CHAIRMAN
HAVING ITS REGISTERED OFFICE AT ORIENT HOUSE
3RD FLOOR
A 25/27
ASAF ALI ROAD
NEW DELHI.
3:THE NEW INDIA ASSURANCE CO .LTD. (NIACL)
HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE
BUILDING
87
M.G. ROD
FORT MUMBAI 400001 (REPRESENTED BY ITS CHAIRMAN CUM
MANAGING DIRECTOR) E-MAIL- [email protected]. IN PH 022-
22708219 ALSO AT 2ND AND 3RD FLOOR
R.G. CITY CENTRE
LSC
Page No.# 2/10
BLOCK B
LAWRENCE ROAD
DELHI 110035 (THROUGH ITS DEPUTY GENERAL MANAGER)
4:ORIENTAL INSURANCE CO. LTD. (OICL)
AT BLOCK-4
PLATE-A
NBCC OFFICE COMPLEX
KIDWAI NAGAR EAST
NEW DELHI-110023
(THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR)
5:UNITED INDIA INSURANCE CO. LTD.
(UIICL)
24
WHITES ROAD
CHANNAI 600014 (THROUGH ITS CHAIRMAN CUM MANAGING
DIRECTOR0.
6:NATIONAL INSURANCE CO. LTD.
(NICL) PREMISES NO. 18-0374 PLOT NO. CBD 81
NEW TOWN
KOLKATA 700156 (THROUGH ITS CHAIRMAN CUM MANAGING
DIRECTOR)
7:GENERAL INSURANCE CORPORATION OF INDIA
(GIC RE)
SURAKSHA
170
JAMSHEDJI TATA ROAD CHURCHGATE
MUMBAI 400020
INDIA (THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR)
8:AGRICULTURE INSURANCE CO. OF INDIA LTD. (AICIL)
PLATE B AND C 5TH FLOOR
BLOCK 1
EAST KIDWAI NAGAR
NEW DELHI 10023 (THROUGH ITS CHAIRMAN CUM MANAGING
DIRECTOR)
9:MS. KALAIVENI SUBBIAH
UNITED INDIA INSURANCE CO. LTD. (UIICL)
24 WHITES ROAD
CHENNAI 60014 (THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR)
10:MS. CHANDRA S. IYER
Page No.# 3/10
GENERAL INSURANCE CORPORATION OF INDIA (GIC RE)
SURAKSHA
170
JAMSHEDJI TATA ROAD CHURCHGATE
MUMBAI 400020
INDIA (THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR)
11:MS. VENUGOPAL NALINI
THE NEW INDIA ASSURANCE CO. LTD. (NIACL)
HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE
BUILDING 87
M.G. ROAD
FORT
MUMBAI 400001 (THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR)
12:KHARBANDA LALIT KUMAR
THE NEW INDIA ASSURANCE CO. LTD. (NIACL)
HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE
BUILDING 87
M.G. ROAD
FORT
MUMBAI 400001 (THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR)
13:MS. SAXENA ANJANA
THE NEW INDIA ASSURANCE CO. LTD. (NIACL)
HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE
BUILDING 87
M.G. ROAD
FORT
MUMBAI 400001 (THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR)
14:SACHINDRADATTARA M SALVI
GENERAL INSURANCE CORPORATION OF INDIA (GIC RE) SURAKSHA 170
JAMSHEDJI TATA ROAD CHURCHGATE
MUMBAI 400020 INDIA (THROUGH ITS CHAIRMAN CUM MANAGING
DIRECTOR)
15:SANJAY JOSHI
UNITED INDIA INSURANCE CO. LTD. (UIICL0
24 WHITES ROAD
CHENNAI 600014 (THROUGH ITS CHAIRMAN CUM MANAGING
DIRECTOR)
Page No.# 4/10
16:SANDIP SHANKARRAO KARMAKAR
GENERAL INSURANCE CORPORATION OF INDIA (GIC RE)
SURAKSHA 170
JAMSHEDJI TATA ROAD CHURCHGATE
MUMBAI 400020
INDIA (THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR)
17:SANJAY LAILA
NATIONAL INSURANCE CO. LTD. (NICL) PREMISES NO. 18-0374
PLOT NO CBC 81
NEW TOWN
KOLKATA 700156 (THROUGH ITS CHAIRMAN CUM MANAGING
DIRECTOR)
18:C.M. MANOHARAN
UNITED INDIA INSURANCE CO. LTD. (UIICL)
24 WHITES ROAD
CHENNAI 600014 (THROUGH ITS CHAIRMAN CUM MANAGING
DIRECTOR)
19:RAMAN K.V.
THE NEW INDIA ASURANCE CO. LTD. (NIACL) HAVING ITS REGISTERED
AND HEAD OFFICE AT NEW INDIA ASSURANCE BUILDING
87 M.G. ROAD
FORT MUMBAI 400001 (THROUGH ITS CHAIRMAN CUM MANAGING
DIRECTOR)
20:RAJIV KR. GUPTA
ORIENTAL INSURANCE CO. LTD. (OICL) AT BLOCK 4
PLATE A
NBCC OFFICE COMPLEX
KIDWAI NAGAR EAST
NEW DELHI 110023 (THROUGH ITS CHAIRMAN CUM MANAGING
DIRECTOR)
21:MS. VINITA JOSHI
ORIENTAL INSURANCE CO.LTD. (OICL) AT BLOCK 4
PLATE A NBCC OFFICE COMPLEX
KIDWAI NAGAR EAST
NEW DELHI 110023 (THROUGH ITS CHAIRMAN CUM MANAGING
DIRECTOR)
22:AMANDEEP SINGH GROVER
Page No.# 5/10
NATIONAL INSURANCE CO. LTD. (NICL)
PREMIES NO. 18-0374 PLOT NO. CBD 81 NEW TOWN
KOLKATA 700156 (THROUGH ITS CHAIRMAN CUM MANAGING
DIRECTOR)
23:S. SIVASANKAR
NATIONAL INSURANCE CO.LTD. (NICL) PREMISES N. 18-0374 PLOT NO.
CBD-81
NEW TOW
KOLKATA 700156 (THROUGH ITS CHAIRMAN CUM MANAGING
DIRECTOR)
24:MS. MINI GEORGE
NATIONAL INSURANCE CO. LTD. (NICL) PREMISES NO. 18-0374 PLOT NO.
CBD 81
NEW TOWN
KOLKATA 700156 (THROUGH ITS CHAIRMAN CUM MANAGING
DIRECTOR
Advocate for the Petitioner : MR. K N CHOUDHURY, MR. K AHMED,MS U SHARMA,MR. S P
SHARMA
Advocate for the Respondent : DY.S.G.I., MD A RAHMAN (R-3),A W AMAN (R-2 TO 8),MR T R
SEN(R-2 TO 8),MR. T J MAHANTA
Linked Case : I.A.(Civil)/1976/2025
LATHRANG BORN BUAM
S/O LATE DR. P WELSON BUAM
DEPUTY GENERAL MANAGER
OFFICE OF NEW INDIA ASSURANCE CO. LTD.
GUWAHATI REGIONAL OFFICE
STAR CITY COMPLEX
5TH FLOOR
LACHIT NAGAR
G.S. ROAD
GUWAHATI 781008
VERSUS
Page No.# 6/10
THE UNION OF INDIA
REPRESENTED BY ITS SECY. OF FINANCIAL SERVICE
MINISTRY OF FINANCE
JEEVAN DEEP BUILDING
SANSAD MARG
NEW DELHI 110001
INDIA.
2:GENERAL INSURANCE PUBLIC SECTOR ASSOCIATION
REPRESENTED BY ITS CHAIRMAN
HAVING ITS REGISTERED OFFICE AT ORIENT HOUSE
3RD FLOOR
A 25/27
ASAF ALI ROAD
NEW DELHI.
3:THE NEW INDIA ASSURANCE CO .LTD. (NIACL)
HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE
BUILDING
87
M.G. ROD
FORT MUMBAI 400001 (REPRESENTED BY ITS CHAIRMAN CUM
MANAGING DIRECTOR) E-MAIL- [email protected]. IN PH 022-
22708219 ALSO AT 2ND AND 3RD FLOOR
R.G. CITY CENTRE
LSC
BLOCK B
LAWRENCE ROAD
DELHI 110035 (THROUGH ITS DEPUTY GENERAL MANAGER)
4:ORIENTAL INSURANCE CO. LTD. (OICL)
AT BLOCK-4
PLATE-A
NBCC OFFICE COMPLEX
KIDWAI NAGAR EAST
NEW DELHI-110023
(THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR)
5:UNITED INDIA INSURANCE CO. LTD.
(UIICL)
24
WHITES ROAD
CHANNAI 600014 (THROUGH ITS CHAIRMAN CUM MANAGING
DIRECTOR0.
6:NATIONAL INSURANCE CO. LTD.
Page No.# 7/10
(NICL) PREMISES NO. 18-0374 PLOT NO. CBD 81
NEW TOWN
KOLKATA 700156 (THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR)
7:GENERAL INSURANCE CORPORATION OF INDIA
(GIC RE)
SURAKSHA
170
JAMSHEDJI TATA ROAD CHURCHGATE
MUMBAI 400020
INDIA (THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR)
8:AGRICULTURE INSURANCE CO. OF INDIA LTD. (AICIL)
PLATE B AND C 5TH FLOOR
BLOCK 1
EAST KIDWAI NAGAR
NEW DELHI 10023 (THROUGH ITS CHAIRMAN CUM MANAGING
DIRECTOR)
9:MS. KALAIVENI SUBBIAH
UNITED INDIA INSURANCE CO. LTD. (UIICL)
24 WHITES ROAD
CHENNAI 60014 (THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR)
10:MS. CHANDRA S. IYER
GENERAL INSURANCE CORPORATION OF INDIA (GIC RE)
SURAKSHA
170
JAMSHEDJI TATA ROAD CHURCHGATE
MUMBAI 400020
INDIA (THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR)
11:MS. VENUGOPAL NALINI
THE NEW INDIA ASSURANCE CO. LTD. (NIACL)
HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE
BUILDING 87
M.G. ROAD
FORT
MUMBAI 400001 (THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR)
12:KHARBANDA LALIT KUMAR
THE NEW INDIA ASSURANCE CO. LTD. (NIACL)
HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE
BUILDING 87
Page No.# 8/10
M.G. ROAD
FORT
MUMBAI 400001 (THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR)
13:MS. SAXENA ANJANA
THE NEW INDIA ASSURANCE CO. LTD. (NIACL)
HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE
BUILDING 87
M.G. ROAD
FORT
MUMBAI 400001 (THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR)
14:SACHINDRADATTARA M SALVI
GENERAL INSURANCE CORPORATION OF INDIA (GIC RE) SURAKSHA 170
JAMSHEDJI TATA ROAD CHURCHGATE
MUMBAI 400020 INDIA (THROUGH ITS CHAIRMAN CUM MANAGING
DIRECTOR)
15:SANJAY JOSHI
UNITED INDIA INSURANCE CO. LTD. (UIICL0
24 WHITES ROAD
CHENNAI 600014 (THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR)
16:SANDIP SHANKARRAO KARMAKAR
GENERAL INSURANCE CORPORATION OF INDIA (GIC RE)
SURAKSHA 170
JAMSHEDJI TATA ROAD CHURCHGATE
MUMBAI 400020
INDIA (THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR)
17:SANJAY LAILA
NATIONAL INSURANCE CO. LTD. (NICL) PREMISES NO. 18-0374
PLOT NO CBC 81
NEW TOWN
KOLKATA 700156 (THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR)
18:C.M. MANOHARAN
UNITED INDIA INSURANCE CO. LTD. (UIICL)
24 WHITES ROAD
CHENNAI 600014 (THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR)
19:RAMAN K.V.
Page No.# 9/10
THE NEW INDIA ASURANCE CO. LTD. (NIACL) HAVING ITS REGISTERED
AND HEAD OFFICE AT NEW INDIA ASSURANCE BUILDING
87 M.G. ROAD
FORT MUMBAI 400001 (THROUGH ITS CHAIRMAN CUM MANAGING
DIRECTOR)
20:RAJIV KR. GUPTA
ORIENTAL INSURANCE CO. LTD. (OICL) AT BLOCK 4
PLATE A
NBCC OFFICE COMPLEX
KIDWAI NAGAR EAST
NEW DELHI 110023 (THROUGH ITS CHAIRMAN CUM MANAGING
DIRECTOR)
21:MS. VINITA JOSHI
ORIENTAL INSURANCE CO.LTD. (OICL) AT BLOCK 4
PLATE A NBCC OFFICE COMPLEX
KIDWAI NAGAR EAST
NEW DELHI 110023 (THROUGH ITS CHAIRMAN CUM MANAGING
DIRECTOR)
22:AMANDEEP SINGH GROVER
NATIONAL INSURANCE CO. LTD. (NICL)
PREMIES NO. 18-0374 PLOT NO. CBD 81 NEW TOWN
KOLKATA 700156 (THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR)
23:S. SIVASANKAR
NATIONAL INSURANCE CO.LTD. (NICL) PREMISES N. 18-0374 PLOT NO.
CBD-81
NEW TOW
KOLKATA 700156 (THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR)
24:MS. MINI GEORGE
NATIONAL INSURANCE CO. LTD. (NICL) PREMISES NO. 18-0374 PLOT NO.
CBD 81
NEW TOWN
KOLKATA 700156 (THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR)
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA
Page No.# 10/10
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
05.12.2025 (M. Zothankhuma, J)
Heard Mr. K.N. Choudhury, learned Counsel for the appellant assisted by Mr. S.P. Sharma. Also heard Mr. Zorawar Singh with Mr. Subham Jain, learned counsel for the respondent Nos.2 to 8.
Hearing concluded.
Judgment reserved.
JUDGE JUDGE Comparing Assistant
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