Justice D.K. Seth, as a Member of the Full Bench while agreeing with the leading judgment delivered by Kabir, J., in New India Assurance Co., Ltd. v. Smt. Tara Sundari Phauzdar and Ors., , while dealing with the aspect of conflicting judgments of co-equal Benches rendered by the Apex Court held:
The aforesaid judgment of the Special Bench was further considered and
applied by Full Bench in case of New India Assurance Company Ltd. Vs. Tara
Sundari Phauzdar reported in AIR 2004 Calcutta 1 where the Full Bench in
paragraph 55 and 56 observed: