The New India Assurance Company Ltd. v. Gopinath Sahoo Since Deceased Repd By Smt. Bharati Sahoo And ORS.

Item 18.02.

IN THE HIGH COURT AT CALCUTTA

No.

CIVIL APPELLATE JURISDICTION APPELLATE SIDE Ct FMA 31 of 2026 With IA NO: CAN 1 of 2024 rup CAN 2 of 2025 The New India Assurance Company Ltd.

Vs Gopinath Sahoo since deceased reporsented by Smt. Bharati Sahoo & Ors.

Mr. Rajesh Singh.

... for the appellant.

Mr. Souma Majumder, Sr. Adv.

Mr. Deepan Kr. Sarkar, Mr. Dipankar Ghosh, Mr. Dinabandhu Dan, Mr. Dipyan Dan, Ms. Deeptipriya ... for the respondents.

In Re: CAN 2 of 2025 Learned advocates for the parties are present. This appeal was preferred against the judgment and award dated 11th July, 2024 passed by the Learned Additional District Judge, 1st Court, Alipore, South 24 Parganas in MAC Case No. 371 of 2005. During pendency of this appeal parties have arrived at a settlement and they have also filed the terms agreed upon. As per terms of condition, the parties have agreed that the claimants/respondent nos. 1, 2 and 3 shall withdraw Rs.21,00,000/- from the deposit made by the appellant/insurance company as full and final settlement of the case.

Thus, this appeal being FMA 31 of 2026 stands disposed of in accordance with terms of compromise entered into between the appellant and claimants/respondent nos.1, 2 and 3.

As the respondent nos. 2 and 3 are minor, the deposited amount of Rs.21,00,000/- may be released in favour of respondent no.1/Smt. Bharati Sahoo. The balance amount, which is deposited, along with accrued interest be returned to the appellant/Insurance company.

(Biswaroop Chowdhury, J.)