New India Assurance Co. Ltd vs Herra Baruah And Anr
2025 Latest Caselaw 5325 Gua

Gauhati High Court

New India Assurance Co. Ltd vs Herra Baruah And Anr on 14 June, 2025

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                Page No.# 1/4

GAHC010125022014




                                                         undefined

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

                           Case No. : MFA/43/2014

         NEW INDIA ASSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING
         87, MAHATMA GANDHI ROAD, FORT, MUMBAI 400001 WITH ONE OF ITS
         REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI-5
         REPRESENTED BY ITS CHIEF REGIONAL MANAGER.



         VERSUS

         HERRA BARUAH and ANR.
         W/O SRI BABUL BARUAH

         2:BABUL BARUAH

          S/O LATE HEMO PRASAD BARUAH
          BOTH R/O HARIGAON
          P.S.
          P.O. TEAPUR 784001
          DIST. SONITPUR
          ASSAM.

         3:EVEREST INFRA ENERGY LTD.
          C/O SONITPUR BISCUIT PVT.
          NO.-1 DOLABARI
          PO-KALIABUMURA
          SONITPUR
         TEZPUR

         4:RAJIB DUTTA
          R/O-BENGALI THEATRE HALL ROAD
         TEZPUR
         ASSAM
          PIN-78400
                                                                          Page No.# 2/4


Advocate for the Petitioner   : MR.A AHMED, MR.K K BHATRA,MR.R K BHATRA,MS.S
DAS,MS.P HUJURI

Advocate for the Respondent : MR.S KHANR- 1 and 2, MR. D. BORAH (r-3,4),MR.A
GANGULY,MR.K BHATTACHARJEE(R- 1&2),MR.J C BARMAN(R- 1&2),MR.D BANERJEE(R-
1&2)




             Linked Case : I.A.(Civil)/2370/2018

            SMT. HEERA BARUAH AND ANR
            W/O.- SRI BABUL BARUAH

            2: SRI BABUL BARUAH
            S/O- HEMO PRASAD BARUAH
            BOTH ARE RESIDENTS OF HATIGAON
             P.O. AND P.S.- TEZPUR- 784001
             DIST.- SONITPUR
            ASSAM
            VERSUS

            M/S NEW INDIA ASSURANCE CO. LTD.
            HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING 87
            MAHATMA GANDHI ROAD
            FORT
            MUMBAI 400001 WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD
            BHANGAGARH
            GUWAHATI-5 REPRESENTED BY ITS CHIEF REGIONAL MANAGER.


            ------------
            Advocate for : MR. K BHATTACHARJEE
            Advocate for : MR. A AHMED appearing for M/S NEW INDIA ASSURANCE CO.
            LTD.



             Linked Case : MC/1794/2014

            NEW INDIA ASSURANCE CO. LTD.
            HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING 87
            MAHATMA GANDHI ROAD
            FORT
                                                                       Page No.# 3/4

             MUMBAI 400001 WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD
             BHANGAGARH
             GUWAHATI-5 REPRESENTED BY ITS CHIEF REGIONAL MANAGER.


             VERSUS

          HERRA BARUAH and ANR.
          W/O SRI BABUL BARUAH

          2:BABUL BARUAH

          S/O LATE HEMO PRASAD BARUAH
          BOTH R/O HARIGAON
          P.S.
          P.O. TEAPUR 784001
          DIST. SONITPUR
          ASSAM.
          ------------
          Advocate for : MR.A AHMED
          Advocate for : appearing for HERRA BARUAH and ANR.



                                  BEFORE
                 HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                      ORDER

14.06.2025 This is an appeal filed by the appellant- New India Assurance Company Ltd. (for short Insurance Company) against the judgment and award dated 21.04.2014 passed by the Commissioner for Employees Compensation, Tezpur Zone-III in SWC Case No. 04/2013.

2. Ms. Hena Haflongbar, Assistant Manager of the Insurance Company and the claimant - Smti. Herra Baruah along with her learned counsel, Shri K. Bhattacharjee are present today i.e., 14.06.2025 in the National Lok Adalat.

3. The parties present before this Court jointly submit that the matter has been settled between the parties and a lump sum amount of Rs.51,00,000/- which is inclusive of all interest component, has been agreed upon. The Page No.# 4/4

Insurance Company would be at liberty to deduct the TDS from the interest component.

4. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the aforesaid amount after deduction of TDS, which is being the full and final settlement before the Registry of this Court within a period of 45 days from today.

5. The claimants would be at liberty to withdraw the entire amount on being properly identified by their learned counsel.

6. The appeal along with MC and interlocutory application are accordingly disposed of.

7. Send back the LCR, if any.

JUDGE

Comparing Assistant