Page No.# 1/2 vs Madan Das 2 Ors
2021 Latest Caselaw 1314 Gua

                                                                     Page No.# 1/2

GAHC010179782020




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : I.A.(Civil)/2185/2020
                              In MACAPP. No. 262/2015

         MIRA GHOSH AND 2 ORS.
         W/O. LATE SADHAN GHOSH, R/O. PRAGATI NAGAR, LALGANESH, P.S.
         FATASHIL AMBARI, DIST. KAMRUP(M), ASSAM

         2: SIDDHARTHA GHOSH
          S/O LATE SADHAN GHOSH
          R/O PRAGATI NAGAR
          LALGANESH
          P.S. FATASHIL AMBARI
          DIST. KAMRUP M
         ASSAM.

         3: SOURAV GHOSH
          S/O LATE SADHAN GHOSH
          R/O PRAGATI NAGAR
          LALGANESH
          P.S. FATASHIL AMBARI
          DIST. KAMRUP M
         ASSAM

         VERSUS

         MADAN DAS 2 ORS.
         S/O. LATE KHARGESWAR DAS, R/O. VILL. AKADI, P.O. MALIBARI, P.S.
         HAJO, DIST. KAMRUP (R), ASSAM, PIN-781102

         2:NADIP BISWAS
          S/O. LATE ANIL BISWAS
          R/O. VILL. BARKALA BAGISHA
          P.S. KALAIGAON
          DIST. DARRANG
         ASSAM
                                                                                    Page No.# 2/2

             3:M/S NEW INDIA ASSURANCE CO. LTD.
              REGIONAL OFFICE
              G.S. ROAD
             ABC, GUWAHATI 78100

Advocate for the Petitioner    : MR. D MONDAL

Advocate for the Respondent : MS. M CHOUDHURY




                                    BEFORE
                   HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                              ORDER

05-04-2021 Heard Shri D. Mondal, learned counsel for the applicant/appellant who has filed this application for correction of a typographical error in the judgment dated 03.03.2020. It is pointed out that by the aforesaid judgment dated 03.03.2020 passed in the appeal, though the award was modified, the direction for payment of interest @7.5% was not touched upon and the same was directed to be calculated from the date of filing of the claim as directed earlier by the Tribunal. However, while typing out the said judgment, instead of claim petition, appeal has been typed out.

Ms. M. Choudhury, learned counsel for the Insurance Company fairly submits that the same is a trivial error which can be rectified.

In view of the above, the expression "appeal" appearing in paragraph 31 of the aforesaid judgment would be replaced by the expression "claim petition". It is clarified that the interest of 7.5% per annum upon the awarded amount has to be paid from the date of the filing of the claim petition.

IA stands disposed of.

JUDGE

Comparing Assistant