THE NEW INDIA ASSURANCE CO LTD v. CHAINA BAL RAY @ CHINA PRODHANI @ CHAYNA RAY AND 4 ORS
I.A.(Civil)/2802/2024 · 2025-06-13
Sanjay Kumar Medhi
body2025
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[ 2025 DAILYLAW 17367 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 17367 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010176522024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2802/2024 THE NEW INDIA ASSURANCE CO LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, REP. BY ITS REGIONAL MANAGER, G.S. ROAD, GHY-7 VERSUS CHAINA BAL RAY @ CHINA PRODHANI @ CHAYNA RAY AND 4 ORS W/O. LT. SANJIT KUMAR RAY 2:PROHALLAD CHANDRA RAY S/O. LT. SANJIT KUMAR RAY 3:BANALI RTAY D/O. LT. SANJIT KUMAR RAY 4:BIDIP RAY S/O. LT. SANJIT KUMAR RAY ALL ARE RESIDENT OF VILL. NORTH RAIPUR PART-III P/O. BISONDAI P/S. GOLAKGANG DIST. DHUBRI ASSAM PIN-783334.
5:NIKHIL ROY S/O. NIKHIL NANDA ROY R/O. VILL. SOUTH RAIPUR P/O AND P/S. GOLOKGANG DIST. DHUBRI ASSAM PIN-78333
Page No.# 2/4 Advocate for the Petitioner : MRS B ACHARYA, MR. A ACHARYA,MRS S ACHARYA Advocate for the Respondent : MR. A R AGARWALA (R-1,2,3), MR ADITYA AGARWALA Linked Case :
THE NEW INDIA ASSURANCE CO LTD VERSUS CHAINA BAL RAY @ CHINA PRODHANI @ CHAYNA RAY AND 4 ORS F ------------ Advocate for : MRS B ACHARYA Advocate for : appearing for CHAINA BAL RAY @ CHINA PRODHANI @ CHAYNA RAY AND 4 ORS F Linked Case :
THE NEW INDIA ASSURANCE CO LTD VERSUS CHAINA BAL RAY @ CHINA PRODHANI @ CHAYNA RAY AND 4 ORS F ------------ Advocate for : MRS B ACHARYA Advocate for : appearing for CHAINA BAL RAY @ CHINA PRODHANI @ CHAYNA RAY AND 4 ORS F
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
Page No.# 3/4
ORDER 14.06.2025 This is an application filed by the applicant- New India Assurance Company Ltd. (for short Insurance Company) against the judgment and award dated 25.04.2024 passed by the Learned Member, Motor Accident Claims Tribunal, Dhubri in MAC Case No. 94/2017.
2. Ms. Hena Haflongbar, Assistant Manager of the Insurance Company and the claimant No. 1 – Chaina Bala Ray @ China Prodhani @ Chayna Ray; claimant No. 2 – Prohallad Chandra Ray; claimant No. 3 – Banali Ray and claimant No. 4 – Bidip Ray (claimant nos. 2 to 4 are children of the deceased) along with their learned counsel, Shri AR Agarwala are present today i.e., 14.06.2025 in the National Lok Adalat.
3. The parties present before this Court jointly submit that the matter has been settled between the parties and a lump sum amount of Rs.51,00,000/- which is inclusive of all interest component, has been agreed upon. The Insurance Company would be at liberty to deduct the TDS from the interest component.
4. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the aforesaid amount after deduction of TDS, which is being the full and final settlement before the Registry of this Court within a period of 45 days from today.
5. The claimant Nos. 2 to 4 have submitted that the amount be deposited in the name of the claimant No. 1, who is mother of the other claimants.
6. The manner of release of the entire amount of would be in the following terms:
Page No.# 4/4 i) Out of the aforesaid awarded amount, Rs.10,00,000/- each is
directed to be deposited in a Fixed Deposit scheme in the names of claimant No. 2 – Prohallad Chandra Ray; claimant No. 3 – Banali Ray and claimant No. 4 – Bidip Ray (claimant nos. 2 to 4 are minor children of the deceased) to be represented by their mother, in any nationalized bank for a period of 3 years with a renewable clause and the remaining amount is directed to be released to the claimant No. 1 – Chaina Bala Ray @ China Prodhani @ Chayna Ray (wife of the deceased).
7. The claimant No. 1 would be at liberty to withdraw the remaining amount on being properly identified by her learned counsel.
8. The statutory deposit of Rs.25,000/- made by the Insurance Company at the time of filing of the appeal would be refunded to the Insurance Company within a period of 30 days.
9. Both these applications and appeal stand disposed of.
10. Send back the LCR, if any. JUDGE Comparing Assistant