New India Assurance Company Ltd. v. Bina Bhakta and 5 Ors.
Case brief
What is this about?
New India Assurance Company Ltd. v. Bina Bhakta and 5 Ors.; Gauhati High Court; I.A.(Civil)/2494/2025; Justice Rajesh Mazumdar; order dated 14.03.2026; insurance claim settlement Rs. 33,50,000/-; principal Rs. 21,17,168/-; interest Rs. 12,32,832/-; TDS on interest component; deposit with Registry within 45 days; release to claimant No. 1 Bina Bhakta on no objection of other claimants; fixed deposit Rs. 8,37,500/- for 2 years for minor claimant No. 4 Adesh (Khakta/Bhakta); balance Rs. 25,12,500/-; statutory deposit refunded to appellant/insurer; Appeal and I.A.(Civil) disposed of; claimants resident of Makum/Tinsukia, Assam; advocates: M. Saikia, P. Borthakur, R. Goswami and (at hearing) Nena Haflongbar for insurer; K. Bhattacharjee and S. Das for claimant/respondent Nos. 1-4; Abbash U Ahmed also on respondent advocate panel.
What did the court decide?
Following settlement of the claim at Rs. 33,50,000/-, the Court directed: deposit of the settled amount with the Registry within 45 days (TDS deducted on the interest component); release of Rs. 25,12,500/- to claimant No. 1 Bina Bhakta on the other claimants' no objection; a 2-year fixed deposit of Rs. 8,37,500/- for minor claimant No. 4 Adesh Bhakta; refund of the statutory deposit to the appellant/insurer; and disposal of both the Appeal and the I.A.(Civil).