Page No.# 1/2 vs Divisional Manager
2021 Latest Caselaw 1214 Gua

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GAHC010062842021




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

                                Case No. : Review.Pet./52/2021

            MONI MEDHI AND 2 ORS.
            W/O- LATE BHAIRAB MEDHI, R/O- VILL.- DOLOICHUBA, P.O.
            DOLOICHUBA, P.S. AND DIST.- MORIGAON, ASSAM.

            2: SAMUDRA MEDHI (MINOR)
             S/O- LATE BHAIRAB MEDHI.

            3: NIRANJAN MEDHI
             S/O- LATE BHAIRAB MEDHI (MINOR)
             CLAIMANT/APPELLANTS NOS. 2 AND 3 ARE MINOR WHO ARE REP. BY
            THE CLAIMANT/APPELLANT NO. 1 (WIFE OF THE DECEASED AND
            MOTHER OF THE CLAIMANTS/APPELLANTS)

            VERSUS

            DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD.,
            ULUBARI CHARIALI, GUWAHATI-7. (BRANCH OFFICE- JAGIROAD).



Advocate for the Petitioner   : MR. S K GOSWAMI

Advocate for the Respondent : MR. R GOSWAMI




                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                          ORDER

Date : 26-03-2021

Heard Mr. S.K. Goswami, learned counsel appearing for the review petitioner. I have also heard Mr. R. Goswami, learned counsel for the respondent. The review Page No.# 2/2

petition has been filed because there were some arithmetical error crept in while calculating the total amount of compensation in para 17 of the judgment. Mr. Goswami has submitted that the calculation should have been like this: Rs. 5000 +2000(40% of 5000) x12x17 x3=Rs. 10,71,000/-

Funeral Expenses                                  = Rs. 15,000/-
Loss of estate                                    = Rs. 15,000/-
Loss of consortium                                = Rs. 40,000/-
Loss of consortium Medical expenses              = Rs. 1,08,651.53/-
       Total                                     = Rs. 1,249,651.53/-

I have given my anxious consideration to the matter. There is an error apparent on the face of the record. Therefore, the review petition is allowed. It is hereby directed that the claimant shall be entitled to receive Rs. 1,249,651.53/- only

Further, in paragraph 20 of the judgment, it has been stated that for future claim the interest rate is 9% rather it should be 6% per anum from the date of filing of the application as ordered by the Tribunal.

The above error stands corrected accordingly.

There shall be no interest on the amount awarded as future prospect.

This order shall be part of the judgment dated 15.03.2021 passed in MAC App. 267/2015

JUDGE

Comparing Assistant