Prastuti Bhuyan v. Axis Bank and 2 Ors

ORDER Date : 06.05.2024

Heard Mr. K. Das, learned counsel for the petitioner in WP(C) 2893/2018 and Mr. P. S. Raja, learned counsel for the petitioner in WP(C) 4599/2018. Also heard Mr. R. K. Bhatra, learned counsel for the respondent No. 2 and Mr. M. Sharma, learned counsel for the respondent No. 1. Page No.# 3/4

¶2By filing the instant writ petitions, the petitioners are seeking a direction from the respondents to release the ATM Personal Accident Insurance Claim Benefit, amounting to Rs.2 Lakh to the respective nominees of Late Bidyut Saikia, i.e., mother Smt. Jaya Saikia in WP(C) 2893/2018 and wife Prastuti Bhuyan in WP(C) 4599/2018 respectively.

¶3Pertinent that this Court by order dated 28.03.2024 permitted the Insurance Company to deposit the cheque pertaining to ATM Insurance in respect of the petitioners before the Registrar General, Gauhati High Court.

¶4Today when the matter was called for, Mr. R. K. Bhatra, learned counsel for the Insurance Company/respondent No. 2 submits that a sum of Rs. 2 Lakh has been deposited before the Registrar General, Gauhati High Court.

¶4Mr. K. Das, learned counsel for the petitioner in WP(C) 2893/2018 and Mr. P. S. Raja, learned counsel for the petitioner in WP(C) 4599/2018 confirm that the said amount of Rs. 2 Lakh has been deposited in favour of the Registrar General, Gauhati High Court.

¶5It is further submitted at the Bar that in view of the aforesaid deposit made by the Insurance Company, both the writ petitions can be disposed of with a direction to disburse the aforesaid amount equally between the two claimants/nominees of Late Bidyut Saikia.

¶6In view of the aforesaid endorsement made by the learned counsels for the parties, this Court deems appropriate for the ends of justice to dispose of these writ petitions with a direction that the aforesaid amount of Rs. 2 Lakh deposited by the Insurance Company before the Registrar General, Gauhati High Court be distributed equally between the two petitioners, namely, Smt. Jaya Page No.# 4/4 Saikia in WP(C) 2893/2018 and Prastuti Bhuyan in WP(C) 4599/2018 on proper identification.

¶7Let this exercise be completed within a period of 10 days from today.

¶8This writ petitions are accordingly disposed of.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010090752018 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2893/2018 SMTI. JAYA SAIKIA W/O- HAREN CH SAIKIA, KALYANPUR, WARD NO-10, BISWANATH CHARIALI, MOUZA- BISWANATH, P.O. BISWANATH CHARIALI, DIST- BISWANATH, ASSAM, PIN-784176 VERSUS THE BRANCH MANAGER, AXIS BANK AND ANR. A REGISTERED BANKING COMPANY, HAVING ITS BRANCH AT CHHIBER HOUSE, G.S.ROAD, DISPUR- 781005, DIST- KAMRUP, ASSAM 2:THE NEW INDIA ASSURANCE CO. LTD D.O 112700 222ND FLOOR MITTAL CHAMBERS NARIMAL POINT MUMBAI-40002 Advocate for the Petitioner : MR K DAS Advocate for the Respondent : Mukesh Sharma (R1) Linked Case : WP(C)/4599/2018 PRASTUTI BHUYAN WIFE OF LATE BIDYUT SAIKIA RESIDENT OF KALYANPUR BISWANATH CHARIALI MOUZA- BISWANATH POST OFFICE- BISWANATH CHARIALI DISTRICT- BISWANATH (ASSAM). Page No.# 2/4 VERSUS AXIS BANK AND 2 ORS. ZONAL HEAD OFFICE CHHIBER HOUSE G.S. ROAD DISPUR GUWAHATI ASSAM. PIN- 781005. 2:THE BRANCH MANAGER AXIS BANK GUWAHATI (AS) BRANCH CHHIBER HOUSE G.S. ROAD DISPUR GUWAHATI ASSAM PIN- 781005. 3:THE NEW INDIA ASSURANCE COMPANY LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87 M.G. ROAD FORT MUMBAI AND ITS REGIONAL OFFICE AT G.S. ROAD BHANGAGARH GUWAHATI. ------------ Advocate for : MR. B BORA Advocate for : MR. K K BHATRA (R3) appearing for AXIS BANK AND 2 ORS. BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI