New India Assurance Co. Ltd vs John Tirki And 4 Ors
2026 Latest Caselaw 2249 Gua

Gauhati High Court

New India Assurance Co. Ltd vs John Tirki And 4 Ors on 14 March, 2026

                                                                        Page No.# 1/4

GAHC010155332025




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

                          Case No. : I.A.(Civil)/2499/2025

         NEW INDIA ASSURANCE CO. LTD.
         HAVING ITS REGISTERED OFFICE AT 87, MAHATMA GANDHI ROAD, FORT,
         MUMBAI, AND ITS REGIONAL OFFICES AT STAR CITY COMPLEX, 5TH
         FLOOR, LACHIT NAGAR, NEAR HANUMAN MANDIR, GUWAHATI-781005.



         VERSUS

         JOHN TIRKI AND 4 ORS.
         S/O. LT. RAPHEL TIRKI, R/O. VILL. NO. 13, LINE CHOTA HAPJAN T.E, P/O.
         AND P/S. MAKUM, DIST. TINSUKIA, ASSAM, PIN-786170

         2:SURENDRA RAY
          S/O. SRI. BISHNATH RAY
          R/O. VILL. PAKRI
          P/O. MARWAN
          P/S. KARJA
          DIST. MOJAFFARPUR
          BIHAR
          PIN-843113

         3:SANJAY RAI
          S/O. RAM PRITI RAI
          R/O. PARBATI ROAD
          P/S. TINSUKIA
          DIST. TINSUKIA
          PIN-786170.

         4:ASHOK DEY
          S/O. LT. ABANI DEY
          R/O. VILL.- LOWER HAFLONG
          P/S. HAFLONG
          DIST. DIMA HASAO
                                                                         Page No.# 2/4

             ASSAM
             PIN-788819.

            5:ORIENTAL INSURANCE CO. LTD
             HAVING ITS REGD. OFFICE AT ORIENTAL HOUSE
            A-25/27 ASAF ALI ROAD
             NEW DELHI AND REGIONAL OFFICE AT 1ST FLOOR
             GUHA LODGE
             M.L. NEHRU ROAD
             PAN BAZAR GUWAHATI-781001

Advocate for the Petitioner   : MS. M SAIKIA, MS. P BORTHAKUR,MR. R GOSWAMI

Advocate for the Respondent : MS. R D MOZUMDAR (R-5), ABBASH U AHMED (R-1),MR. S
DAS(R-1),MR. K BHATTACHARJEE(R-1),MR. S DAS(R1),MR. K BHATTACHARJEE(R1),MR. S
P SHARMA(R-5),MS. C MOZUMDAR(R-5)




             Linked Case : RP(FAM.CT.)/0/0

            NEW INDIA ASSURANCE COMPANY LTD
            GUWAHATI


             VERSUS

            JOHN TIRKI AND ORS
            ASSAM


            ------------
            Advocate for : MONDAKINI SAIKIA
            Advocate for : appearing for JOHN TIRKI AND ORS



             Linked Case : C.APPLN/0/0

            NEW INDIA ASSURANCE COMPANY LTD
            GUWAHATI


             VERSUS
                                                                      Page No.# 3/4

          JOHN TIRKI AND ORS
          TINSUKIA


          ------------
          Advocate for : MONDAKINI SAIKIA
          Advocate for : appearing for JOHN TIRKI AND ORS




                                      BEFORE
             HONOURABLE MR. JUSTICE RAJESH MAZUMDAR


                                     ORDER

14.03.2026

Mr. John Tirki/the claimant in the original claim, is present in person. Ms.

Nena Haflongbar appears for the New India Assurance Co. Ltd/applicant.

The total amount for which the settlement has been arrived at is Rs

16,50,000/- out of which the principal amount is Rs. 10,40,855/- and an interest

amount is Rs. 6,09,145/-. In view of this settlement, the appellant/insurance

company shall deposit the settlement amount before the Registry of this Court

within a period of 45 days, in which event no further interest shall be levied.

The deposit of the settlement amount shall be subject to TDS on the interest

component.

In case, the amount is not deposited within 45 days, statutory interest Page No.# 4/4

would apply. Upon the deposit of the said amount, the same shall be released to

the claimant on proper identification. The statutory deposit made at the time of

filing the appeal shall be refunded to the appellant upon satisfaction of the

settlement.

JUDGE

Comparing Assistant