Lakhmi Das vs The Reliance General Insurance ...
2021 Latest Caselaw 2014 Gua

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GAHC010122252021




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

                               Case No. : I.A.(Civil)/1233/2021

            LAKHMI DAS
            W/O. LATE AJIT KUMAR DAS, R/O. VIP, JOGIPARA, P.S. AZARA, DIST
            KAMRUP(M), ASSAM



            VERSUS

            THE RELIANCE GENERAL INSURANCE CO. LTD.
            HAVING ITS REGD. HEAD OFFICE AT 19, RELIANCE CENTRE, WALCHAND
            HIRACHAND MARG, BALLARD ESTATE, MUMBAI- 400001 AND
            CORPORATE OFFICE AT 570, RECTIFIER HOUSE, NAGAUM CROSS, NEXT
            TO ROYAL INDUSTRIAL ESTATE, WADALA (W), MUMBAI- 400031 AND ONE
            OF THE BRANCH OFFICE AT ANIL PLAZA, 5TH FLOOR, G.S. ROAD,
            BHANGAGARH, GHY- 5


Advocate for the Petitioner   : MR D MONDAL

Advocate for the Respondent : MR. R GOSWAMI

            Linked Case : MACApp./87/2015

            RELIANCE GENERAL INSURANCE CO. LTD
            HAVING ITS REGISTERED OFFICE and HEAD OFFICE AT RECTIFIER HOUSE
            570
             NIGAM CROSS ROD
             RD WADALA
             MUMBAI 400031 AND ITS BRANCH OFFICE AT ANIL PLAZA
            ABC
             G.S. ROAD
             GUWAHATI 781005 REPRESENTED BY THE MANAGER
             GUWAHATI OFFICE
            ANIL PLAZA
                                                                               Page No.# 2/3

            G.S. ROAD
            GUWAHATI 781005

            VERSUS

           LAKHIMI DAS and 4 ORS.
           W/O SRI AJIT KUMAR DAS

           2:AJIT KUMAR DAS FATHER

           3:MISS POOJA DAS SISTER
           D/O SRI AJIT KUMAR DAS
           ALL ARE THE RESIDENTS OF VIP
           JOGIPARA
           P.S. AZARA
           DIST KAMRUP
           ASSAM.
           ------------
           Advocate for : MR.R GOSWAMI
           Advocate for : appearing for LAKHIMI DAS and 4 ORS.



                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                         ORDER

Date : 31-08-2021

Heard the learned counsel, Mr. D. Mondal appearing for the applicant. Also heard the learned counsel Mr. R. Goswami appearing for the opposite party/insurance company.

This interlocutory application has been filed under section 152 of the Code of Civil Procedure for amendment of the judgment and order passed by this Court on 05.04.2021 in MAC Appeal No. 87 of 2015.

The applicant submits that in the aforesaid judgment nothing was awarded under the non-conventional head. Therefore, the applicant prays that Rs. 15,000/- should be awarded for "Loss of Estate" and another amount of Rs. 15,000/- should be awarded on account of "Funeral Expenses".

Mr. Goswami, learned counsel appearing on behalf of the insurance company submits that the insurance company would have no objection if the aforesaid amounts are awarded in Page No.# 3/3

addition to the earlier awarded amount of Rs. 14,81,760/-.

After hearing both sides, the prayer of the applicant is allowed. Apart from the awarded amount, the claimant shall be entitled to another amount of Rs. 30,000/-.

The applicant has already received Rs. 12,35,000/-. Therefore, the applicant shall be entitled to receive the remaining amount with interest @ 6% per annum from the date of filing of the claim petition.

The interlocutory application is disposed of

JUDGE

Comparing Assistant