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2025 DAILYLAW 2434 (GAU)

NEW INDIA ASSURANCE CO. LTD. v. JOHN TIRKI AND 4 ORS.

I.A.(Civil)/2499/2025 · 2026-03-13

Rajesh Mazumdar

body2025

Judgment text

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Page No.# 1/4 GAHC010155332025 undefined 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 O R D E R 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