NEW INDIA ASSURANCE CO. LTD. v. HERRA BARUAH and ANR.
MC/1794/2014 · 2025-06-13
Sanjay Kumar Medhi
Transfer Petitionbody2025
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[ 2025 DAILYLAW 8458 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 8458 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010125022014
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MFA/43/2014 NEW INDIA ASSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING 87, MAHATMA GANDHI ROAD, FORT, MUMBAI 400001 WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH, GUWAHATI-5 REPRESENTED BY ITS CHIEF REGIONAL MANAGER. VERSUS HERRA BARUAH and ANR.
W/O SRI BABUL BARUAH 2:BABUL BARUAH S/O LATE HEMO PRASAD BARUAH BOTH R/O HARIGAON P.S.
P.O. TEAPUR 784001 DIST. SONITPUR ASSAM.
3:EVEREST INFRA ENERGY LTD.
C/O SONITPUR BISCUIT PVT.
NO.-1 DOLABARI PO-KALIABUMURA SONITPUR TEZPUR 4:RAJIB DUTTA R/O-BENGALI THEATRE HALL ROAD TEZPUR ASSAM PIN-78400
Page No.# 2/4 Advocate for the Petitioner : MR.A AHMED, MR.K K BHATRA,MR.R K BHATRA,MS.S DAS,MS.P HUJURI Advocate for the Respondent : MR.S KHANR- 1 and 2, MR. D. BORAH (r-3,4),MR.A GANGULY,MR.K BHATTACHARJEE(R- 1&2),MR.J C BARMAN(R- 1&2),MR.D BANERJEE(R- 1&2) Linked Case : I.A.(Civil)/2370/2018 SMT. HEERA BARUAH AND ANR W/O.- SRI BABUL BARUAH 2: SRI BABUL BARUAH S/O- HEMO PRASAD BARUAH BOTH ARE RESIDENTS OF HATIGAON P.O. AND P.S.- TEZPUR- 784001 DIST.- SONITPUR ASSAM VERSUS M/S NEW INDIA ASSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD FORT MUMBAI 400001 WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI-5 REPRESENTED BY ITS CHIEF REGIONAL MANAGER. ------------ Advocate for : MR. K BHATTACHARJEE Advocate for : MR. A AHMED appearing for M/S NEW INDIA ASSURANCE CO. LTD. Linked Case : MC/1794/2014 NEW INDIA ASSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT NEW INDIA ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD FORT
Page No.# 3/4 MUMBAI 400001 WITH ONE OF ITS REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI-5 REPRESENTED BY ITS CHIEF REGIONAL MANAGER. VERSUS HERRA BARUAH and ANR.
W/O SRI BABUL BARUAH 2:BABUL BARUAH S/O LATE HEMO PRASAD BARUAH BOTH R/O HARIGAON P.S.
P.O. TEAPUR 784001 DIST. SONITPUR ASSAM. ------------ Advocate for : MR.A AHMED Advocate for : appearing for HERRA BARUAH and ANR.
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER 14.06.2025 This is an appeal filed by the appellant- New India Assurance Company Ltd. (for short Insurance Company) against the judgment and award dated 21.04.2014 passed by the Commissioner for Employees Compensation, Tezpur Zone-III in SWC Case No. 04/2013.
2. Ms. Hena Haflongbar, Assistant Manager of the Insurance Company and the claimant – Smti. Herra Baruah along with her learned counsel, Shri K. Bhattacharjee 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.14,91,266/- which is inclusive of all interest component, has been agreed upon. The
Page No.# 4/4 Insurance Company would be at liberty to deduct the TDS from the interest component. Out of the aforesaid amount, an amount of Rs.6,71,763/- had already been paid but not withdrawn.
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 claimants would be at liberty to withdraw the entire amount on being properly identified by their learned counsel.
6. The appeal along with MC and interlocutory application are accordingly
disposed of.
7. Send back the LCR, if any. JUDGE Comparing Assistant