Gauhati High Court
I.A.(Civil)/2494/2025 of NEW INDIA ASSURANCE COMPANY LTD. Vs BINA BHAKTA AND 5 ORS on 13 March 2026
GAHC010155362025 undefined 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,
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
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
ASSAM
------------
Advocate for : MONDAKINI SAIKIA
Advocate for : appearing for BINA BHAKTA AND ORS
BEFORE
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
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O R D E R
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 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