New India Assurance Company Ltd vs Bina Bhakta And 5 Ors
2026 Latest Caselaw 2251 Gua

Gauhati High Court

New India Assurance Company Ltd vs Bina Bhakta And 5 Ors on 14 March, 2026

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GAHC010155362025




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

                         Case No. : I.A.(Civil)/2494/2025

         NEW INDIA ASSURANCE COMPANY 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

         BINA BHAKTA AND 5 ORS
         W/O. LT. SUSHEN BHAKTA

         2:BISHAL BHAKTA
          S/O. LT. SUSHEN BHAKTA

         3:SAGAR BHAKTA
          S/O. LT. SUSHEN BHAKTA

         4:ADESH KHAKTA
          S/O. LT. SUSHEN BHAKTA
         ALL ARE R/O. VILL.- NO. 13 LINE CHOTA HAPJAN T.E.
          P/O AND P/S. MAKUM
          DIST. TINSUKIA
         ASSAM
          PIN-786170.
         RESPONDENT NO. 2 TO 4 BEING MINOR ARE REP. BY THEIR LEGAL
         GUARDIAN MOTHER RESPONDENT NO. 1.

         5:SURENDRA RAY
          S/O. SRI BISHNATH RAY
          R/O. VILL.- PAKRI
          P/O. MARWAN
          P/S. KARJA
          DIST. MOJAFFARPUR
                                                                         Page No.# 2/4

             BIHAR
             PIN-843113

            6:SANJAY RAI
             S/O. RAM PRITI RAY
             R/O. PARBATIA ROAD
             P/S. TINSUKIA
             DIST. TINSUKIA
            ASSAM
             PIN-78617

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

Advocate for the Respondent : MR. K BHATTACHARJEE(R-1TO 4), ABBASH U AHMED,MR. S
DAS,MR. K BHATTACHARJEE,MR. S DAS(R-1TO 4)




             Linked Case : C.APPLN/0/0

            NEW INDIA ASSURANCE COMPANY LTD
            GUWAHATI


             VERSUS

            BINA BHAKTA AND ORS
            TINSUKIA


            ------------
            Advocate for : MONDAKINI SAIKIA
            Advocate for : appearing for BINA BHAKTA AND ORS



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

            NEW INDIA ASSURANCE COMPANY LTD
            GUWAHATI


             VERSUS

            BINA BHAKTA AND ORS
                                                                      Page No.# 3/4

          ASSAM


          ------------
          Advocate for : MONDAKINI SAIKIA
          Advocate for : appearing for BINA BHAKTA AND ORS




                                     BEFORE
             HONOURABLE MR. JUSTICE RAJESH MAZUMDAR


                                    ORDER

14.03.2026 The claimant/Bina Bhakta is present before this Court. Ms. Nena

Haflongbar represents the New India Assurance Company Ltd. The claimant No.

4/Shri, Adesh Bhakta, is a minor.

The claim has been settled for a total amount of Rs. 33,50,000/- out of

which the principle amount is of Rs. 21,17,168/- and the interest amount of Rs.

12,32,832/-. The interest amount would be subject to TDS.

The settled amount shall be deposited with the Registry of this Court

within a period of 45 days from the date of this settlement, after deducting the

TDS on the interest component. Upon satisfaction of the settlement, the funds

shall be released to the claimant No. 1, Bina Bhakta, since all the other

claimants have expressed No Objection to the release of the amount to the Page No.# 4/4

claimant No. 1, who is their mother. It is provided that an amount of Rs.

8,37,500/- shall be placed in a Fixed Deposit in the name of Shri. Adesh Bhakta,

the claimant No. 4, who is a minor as on date for a period of 2 years. The rest

of the amount of Rs. 25,12,500/- shall be released to the claimant No. 1 after

deducting the TDS on the interest component.

The statutory deposit shall be refunded to the appellant/insurer upon

satisfaction of the settlement. In view of this settlement arrived at, no further

orders are required in this Interlocutory Application.

The Appeal and I.A.(Civil) stands disposed of.

JUDGE

Comparing Assistant