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Gauhati High Court
Page No.# 1/4 vs Reliance General Insuranc Co. Ltd. And ... on 14 May, 2024
Author: Parthivjyoti Saikia
Bench: Parthivjyoti Saikia
Page No.# 1/4
GAHC010217602023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3018/2023
SMT. PUNAM DEVI and 5 ORS,
W/O LT. DAYA SANKAR SINGH
2: SHILPI KUMARI
D/O LT. DAYA SANKAR SINGH
3: LAXMINI KUMARI
D/O LT. DAYA SANKAR SINGH
4: NIVA KUMARI
D/O LT. DAYA SANKAR SINGH
5: MANJIT KUMAR
S/O LT. DAYA SANKAR SINGH
6: SUBHOD KUMAR
S/O LT. DAYA SANKAR SINGH
ALL ARE RESIDENTS OF M/S PUNJ LLYOD LTD. COMPLEX CHEPTI
RANGIA
KAMRUP
ASSAM
781354. PERMANENT RESIDENT OF VILL. SURWALIYA
P.O. BARHAR GOPAL
DIST. SIWAN
BIHAR. APPLICANT NO. 2 AND3 ARE REPRESENTED BY THE APPLICANT
NO. 1 DUE TO THEIR AUTHORIZATION AND 4 TO 6 ARE REPRESENTED BY
THE NO.1 DUE TO THEIR MINORITY
VERSUS
RELIANCE GENERAL INSURANC CO. LTD. and ANR.
REGISTERED OFFICE AT RELIANCE CENTRE, 19, WALCHAND HIRACHAND
Page No.# 2/4
MARG, BALLARD ESTATE MUMBAI 400001 REPRESENTED BY THE POLICY
SERVING OFFICER 5TH FLOOR ANIL PLAZA, BESIDES IDBI BANK G.S.
ROAD, GUWAHATI, ASSAM 781005 INSURER OF THE VEHICLE NO. AS-
14/A-8950
2:M/S PUNJLLYOD LTD. COMPLEX
(NEAR ARMY BASE CAMP) CHEPTI
RANGIA
KAMRUP
ASSAM
781354. (OWNER OF THE VEHICLE AS-14-A-895
Advocate for the Petitioner : MR.S C PANDIT
Advocate for the Respondent : MR. R GOSWAMI
Linked Case : MFA/39/2014(D/O)
SMT. PUNAM DEVI and 5 ORS
W/O LT. DAYA SANKAR SINGH
2: SHILPI KUMARI
D/O LT. DAYA SANKAR SINGH
3: LAXMINI KUMARI
D/O LT. DAYA SANKAR SINGH
4: NIVA KUMARI
D/O LT. DAYA SANKAR SINGH
5: MAJIT KUMAR
S/O LT. DAYA SANKAR SINGH
6: SUBHOD KUMAR
S/O LT. DAYA SANKAR SINGH
ALL ARE RESIDENTS OF M/S PUNJ LLYOD LTD. COMPLEX CHEPTI
RANGIA
KAMRUP
ASSAM
781354. PREMANENT RESIDENT OF VILL. SURWALIYA
P.O. BARHAR GOPAL
DIST. SIWAN
BIHAR. APPLICANT NO. 2 TO 6 ARE REPRESENTED BY THE APPLICANT NO.
1 DUE TO THEIR MINORITY.
Page No.# 3/4
VERSUS
RELIANCE GENERAL INSURANC CO. LTD. and ANR.
REGISTERED OFFICE AT RELIANCE CENTRE
19
WALCHAND HIRACHAND MARG
BALLARD ESTATE MUMBAI 400001 REPRESENTED BY THE POLICY
SERVING OFFICER 5TH FLOOR ANIL PLAZA
BESIDES IDBI BANK G.S. ROAD
GUWAHATI
ASSAM 781005 INSURER OF THE VEHICLE NO. AS-14/A-8950
------------
Advocate for : MR.S C PANDIT
Advocate for : MR. R GOSWAMI (R1) appearing for RELIANCE GENERAL
INSURANC CO. LTD. and ANR.
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 14.05.2024 Heard Mr. S.C Pandit, learned counsel appearing for the applicants. Also heard Mr. R. Goswami, learned counsel appearing for the Insurance Company.
2. This is an application filed under Section 152 of the Code of Civil Procedure praying for amendment of the judgment and order dated 29.08.2023 passed by this Court in MFA No.39 of 2014.
3. In the aforesaid judgment, the Insurance Company was directed to pay compensation of Rs.7,02,480/- to the claimant No. 1 alongwith interest @ 6% per annum to be calculated from the date of the judgment.
4. Mr. Pandit submits that the interest amount should have been calculated from the date of filing of the claim petition. Mr. Goswami also agreed to that.
5. Therefore, the said judgment stands modified to that extent. The rate of Page No.# 4/4 interest of 6% per annum shall be calculated from the date of filing of the claim petition.
6. With the aforesaid directions, the IA stands disposed of.
JUDGE Comparing Assistant