Gauhati High Court
National Insurance Company Ltd vs Rekha Barman And 6 Ors on 3 September, 2021
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GAHC010071822021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/955/2021
NATIONAL INSURANCE COMPANY LTD.
REGD. HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA- 700071, REP.
BY THE A.M., GAUHATI REGIONAL OFFICE, BHANAGAGARH, GHY- 5,
KAMRUP(M), ASSAM
VERSUS
REKHA BARMAN AND 6 ORS.
W/O. LATE MANTU BARMAN
2:MISS DEEPAMONI BARMAN
D/O LATE MANTU BARMAN
3:MISS SUNU BARMAN
D/O LATE MANTU BARMAN
4:MISS MONI BARMAN
D/O LATE MANTU BARMAN
5:MISS RUMI BARMAN
D/O LATE MANTU BARMAN
ALL ARE R/O VILL. and P.O. MUGURIA
DIST. BARPETA
ASSAM
PIN 781301
6:NIROD BAISHYA
S/O LATE RAJENDRA BAISHYA
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VILL. and P.O. BARNARDDI KALBARI
DIST. NALBARI
ASSAM
PIN 781335
7:MD. RAJIB ALI
S/O MOHAR ALI
VILL. BARAM ROAD
P.S. and P.O. BARAMA
DIST. NALBARI
ASSAM
PIN 78134
Advocate for the Petitioner : MS.R D MOZUMDAR
Advocate for the Respondent : MR. S K JAIN
Linked Case : MACApp./152/2015
THE NATIONAL INSURANCE COMPANY LTD
SUBSIDIARY OF GENERAL INSURANCE CORPORATION OF INDIA
REGISTERED HEAD OFFICE AT 3
MIDDLETON STREET
CALCUTTA 700071
REPRESENTED BY THE ASSTT. MANAGER
GAUHATI REGIONAL OFFICE
BHANAGAGARH
GUWAHATI - 781005
VERSUS
SMTI REKHA BARMAN and 6 ORS
W/O LATE MANTU BARMAN
2:MISS DEEPAMONI BARMAN
D/O LATE MANTU BARMAN
3:MISS SUNU BARMAN
D/O LATE MANTU BARMAN
4:MISS MONI BARMAN
D/O LATE MANTU BARMAN
5:MISS RUMI BARMAN
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D/O LATE MANTU BARMAN
ALL ARE R/O VILL. and P.O. MUGURIA
DIST. BARPETA
ASSAM
PIN 781301
6:NIROD BAISHYA
S/O LATE RAJENDRA BAISHYA
VILL. and P.O. BARNARDDI KALBARI
DIST. NALBARI
ASSAM
PIN 781335
7:MD. RAJIB ALI
S/O MOHAR ALI
VILL. BARAM ROAD
P.S. and P.O. BARAMA
DIST. NALBARI
ASSAM
PIN 781346
------------
Advocate for : MS.R D MOZUMDAR
Advocate for : MR.L P NATHR-6and7 appearing for SMTI REKHA BARMAN and 6
ORS
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 03-09-2021
Heard the learned counsel, Ms. R.D. Mozumder appearing for the applicant/insurance
company. Also heard Mr. A. Lahkar, the learned counsel appearing on behalf of Mr. B.K. Jain,
the learned conducting counsel for the respondents.
This interlocutory application has been filed by the insurance company and it has been
pointed out that in the judgment dated 15-03-2021 passed in MAC Appeal No. 152 of 2015
has some clerical mistakes. Therefore, the applicant prays that those mistakes need to be
corrected.
Mr. Lahkar appearing for the respondents fairly conceded to the prayer of the
insurance company and submitted that he would have no objection if the prayer of the
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insurance company is allowed.
In paragraph 7 of the judgment dated 15-03-2021, the amount of Rs.8,02,600/-
(Rupees eight lakhs two thousand six hundred) only should have been Rs.8,26,000/- (Rupees
eight lakhs twenty six thousand) only.
In paragraph 8 of the judgment, it has been stated that the insurance company has
already deposited Rs.10,000/- (Rupees ten thousand) on 14-10-2015.
The applicant has submitted that the aforesaid amount should have been
Rs.10,00,000/- (Rupees ten lakhs), which was deposited by the insurance company and it
was also withdrawn by the claimant.
In paragraph 8 of the judgment, it has been mentioned that the rate of interest will
be 6% per annum from 14-10-2015 and it should have been "6% per annum till 14-10-
2015".
The claimant has submitted that the rate of interest for six months would be
Rs.2,97,360/- (Rupees two lakhs ninety seven thousand three hundred sixty). Thus, the total
compensation amount would be Rs.8,26,000/- + Rs.2,97,360/-. So, the claimant would be
entitled to Rs.11,23,360/- (Rupees eleven lakhs twenty three thousand three hundred sixty).
Out of this amount, the statutory deposit of Rs.25,000/- (Rupees twenty five thousand) shall
be deducted. The claimant has already withdrawn Rs.10,00,000/- (Rupees ten lakhs) and
therefore, the claimant is now entitled to Rs.98,360/- (Rupees ninety eight thousand three
hundred sixty) only.
The claimant has submitted that he would have no objection if these prayers of the
insurance company are allowed. Therefore, the prayers made in the interlocutory application
is allowed.
Henceforth the amount of Rs.8,02,600/- (Rupees eight lakhs two thousand six
hundred) appearing in paragraph 7 of the judgment passed in MAC Appeal No. 152 of 2015
shall be read as "Rs.8,26,000/- (Rupees eight lakhs twenty six thousand)".
It is also directed that the sentence "insurance company has already deposited
Rs.10,000/- (Rupees ten thousand) on 14-10-2015" shall be read as "insurance company has
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already deposited Rs.10,00,000/- (Rupees ten lakhs) on 14-10-2015".
The sentence "rate of interest will be 6% per annum from 14-10-2015" shall be read
as "rate of interest will be 6% per annum till 14-10-2015".
Now the claimant is entitled to Rs.98,360/- (Rupees ninety eight thousand three
hundred sixty) only.
This order shall form a part of the judgment dated 15-03-2021 passed in MAC Appeal
No. 152 of 2015.
The interlocutory application stands disposed of accordingly.
JUDGE
Comparing Assistant
