United India Insurance Co. Ltd vs Prafulla Das @ Prafulla Chandra ...
2021 Latest Caselaw 2401 Gua

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GAHC010122302021




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

                                Case No. : I.A.(Civil)/1620/2021

            UNITED INDIA INSURANCE CO. LTD.
            HAVING ITS REGISTERED AND HEAD OFFICE AT 24 WHITES ROAD,
            CHENNAI, 600014 AND ONE OF THE REGIONAL OFFICE AT MSS PATH,
            DISPUR, GUWAHATI 781005



            VERSUS

            PRAFULLA DAS @ PRAFULLA CHANDRA DAS AND 2 ORS.
            S/O LATE MADHAB DAS RESIDENT OF VILLAGE GURMOW, PO GURMOW,
            PS GORESWAR, DIST BAKSA BTAD 781366

            2:SHRI BINAY DAS
             S/O LATE BANAMALI DAS

            RESIDENT OF GANESHGURI PWD CAMPUS ASEB QUARTER
            GUWAHATI 781006 OWNER OF THE VEHICLE NO. AS-01/T-1000

            3:SHRI RAMESH BORO
             S/O RATI RAM BORO

            RESIDENT OF VILLAGE BETNA

            PS GORESWAR DIST BAKSA
            BTAD
            ASSAM 781366
            DRIVER OF THE VEHICLE NO. AS-01/T-100

Advocate for the Petitioner   : MR. A J SAIKIA

Advocate for the Respondent :
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                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                        ORDER

Date : 04-10-2021

Heard Mr. A.J. Saikia, learned counsel for the applicant/Insurance Company.

The Insurance Company filed an appeal against the judgment and award dated 24.04.2018 passed by the MACT No. 2, Kamrup in MAC Case No. 2442/2012. Along with the aforesaid appeal, a petition for condonation of delay was also filed. Thereafter on 10.07.2021, both sides have settled the entire case at Rs. 5,00,000/- plus interest allowed by the learned tribunal. While passing the order by this court on 10.07.2021 nothing was mentioned about the interest part, though, it was settled that the interest upon the awarded amount will be at the rate mentioned by the learned tribunal. Therefore, the Insurance Company has filed this interlocutory application for modification of the order dated 10.07.2021.

The order stands modified accordingly. It shall be read that the claim is settled at Rs. 5,00,000/- with interest at the rate which has been allowed by the concerned tribunal.

This order shall form part of the order dated 10.07.2021.

I.A. stands disposed of.

JUDGE

Comparing Assistant