Page No.# 1/3 vs Tata Aig General Insurance Company Ltd
2025 Latest Caselaw 5157 Gua

Gauhati High Court

Page No.# 1/3 vs Tata Aig General Insurance Company Ltd on 30 May, 2025

                                                                         Page No.# 1/3

GAHC010093472025




                                                                   2025:GAU-AS:7024

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

                                Case No. : I.A.(Civil)/1452/2025

            SMTI PUJA PAUL
            W/O LATE RAJIB PAUL

            2: MISS PREETY PAUL
             D/O LATE RAIB PAUL

            3: SMTI PRAVA PAUL
            W/O SRI BISWANATH PAUL

            4: BISWANATH PAUL
             F/O LATE RAJIB PAUL
            ALL ARE THE R/O VILL. ANAND NAGAR
             BYE LANE 5
             H/NO-4
             GUWAHATI-5
             P.O. DISPUR
             DIST. KAMRUP
            ASSAM. RESPONDENT NOS. 2 BEING MINOR IS REPRESENTED BY THEIR
            LEGAL GUARDIAN MOTHER I.E. RESPONDENT NO.

            VERSUS

            TATA AIG GENERAL INSURANCE COMPANY LTD
            HAVING ITS REGISTERED OFFICE AT PENINSULA CORPORATE PARK,
            NICOLAS PIRAMAL TOWER, 9TH FLOOR, GANPATRAO KADAM MARG,
            MUMBAI 4000013 AND ZONAL OFFICE AT CONSTANTIA COMMERCIAL
            COMPLEX 2ND FLOOR, 11 DR. U.N. BRAHMACHARI STREET, KOLKATA
            700017



Advocate for the Petitioner   : MR. S CHAUHAN,

Advocate for the Respondent : MR. R GOSWAMI,
                                                                        Page No.# 2/3




                                BEFORE
                    HONOURABLE MR. JUSTICE BUDI HABUNG

                                     ORDER

Date : 30-05-2025

Heard Mr. S. Chauhan, learned counsel for the applicant. He submits that pursuant to the judgment and order dated 04.04.2022, the respondent Insurance company had deposited the awarded amount before the Registry of this Court, however, in the meantime, the claimant no. 4, late Bishwa Nath Paul expired on 18.06.2024. It is further submitted that as per the apportion the other respondents/claimants have already withdrawn their share from the Registry, however, the share in respect of the respondent no. 4/claimant could not be withdrawn.

By filing this application, the legal heirs of the respondent no. 4, late Bishwa Nath Paul (since deceased) prays for allowing them to withdraw the rest of the awarded amount amounting to Rs. 44,800/- from the Registry of this Court.

In support of his submission, Mr. S. Chauhan, learned counsel has annexed the legal heir certificate of late Bishwa Nath Paul, and I have perused the same.

Considering the submission and a perusal of the record, the prayer of the applicants is considered and allowed.

The Registry is directed to release the remaining amount of Rs.

Page No.# 3/3

44,800/- to the applicants/ legal heirs of late Bishwa Nath Paul (since deceased), namely; Prava Paul, Sanjib Paul, Puja Paul and Prity Paul.

With the above, this IA stands disposed of.

JUDGE

Comparing Assistant