Gauhati High Court
Page No.# 1/5 vs M/S United India Insurance ... on 29 April, 2022
Page No.# 1/5
GAHC010025862022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./38/2022
MRINAL KANTI DEBNATH AND 6 ORS
S/O LATE NANI GOPAL DEBNATH
R/O WARD NO. 9, RAJIV NAGAR, LANKA TOWN, P.O. and P.S. LANKA, DIST.
HOJAI, ASSAM.
2: RAKHI DEBNATH
D/O SRI MRINAL KANTI DEBNATH.
R/O WARD NO. 9
RAJIV NAGAR
LANKA TOWN
P.O. and P.S. LANKA
DIST. HOJAI
ASSAM.
3: ANIMA DEBNATH
D/O SRI MRINAL KANTI DEBNATH.
R/O WARD NO. 9
RAJIV NAGAR
LANKA TOWN
P.O. and P.S. LANKA
DIST. HOJAI
ASSAM.
4: RUMPI DEBNATH
D/O SRI MRINAL KANTI DEBNATH.
R/O WARD NO. 9
RAJIV NAGAR
LANKA TOWN
P.O. and P.S. LANKA
DIST. HOJAI
ASSAM.
5: JHUMPI DEBNATH
D/O SRI MRINAL KANTI DEBNATH.
Page No.# 2/5
R/O WARD NO. 9
RAJIV NAGAR
LANKA TOWN
P.O. and P.S. LANKA
DIST. HOJAI
ASSAM.
6: SUKLA DEBNATH
D/O SRI MRINAL KANTI DEBNATH.
R/O WARD NO. 9
RAJIV NAGAR
LANKA TOWN
P.O. and P.S. LANKA
DIST. HOJAI
ASSAM.
7: SMTI CHINU DEBNATH
W/O LATE ANIL CHANDRA DEBNATH
R/O WARD NO. 9
RAJIV NAGAR
LANKA TOWN
P.O. and P.S. LANKA
DIST. HOJAI
ASSAM
VERSUS
M/S UNITED INDIA INSURANCE COMPANY LIMITED AND ANR
FIRST FLOOR, JOYRAM BUILDING, PAMOHI ROAD, P.O. GORCHUK,
GUWAHATI-781035, KAMRUP M, ASSAM
2:SRI THAKUR CHANDRA DAS
S/O LATE DASARATH CHANDRA DAS
C/O JHARNA DAS
HOUSE NO. 92
SOUTH SARANIA
GS ROAD
GUWAHATI
DIST KAMRUPM ASSAM
78100
Advocate for the Petitioner : MR. S CHAUHAN
Advocate for the Respondent : MS. M CHOUDHURY (r-1)
Page No.# 3/5
Linked Case : MACApp./31/2017
SRI MRINAL KANTI DEBNATH and 6 ORS
2: MISS RAKHI DEBNATH
3: MISS ANIMA DEBNATH
4: MISS RUMPI DEBNATH
5: MISS JUMPI DEBNATH
6: MISS SUKLA DEBNATH
7: SMTI CHINU DEBNATH
THE APPELLANT NO. 1 IS THE HUSBAND
APPELLANTS NO. 2
3
4 ARE UNMARRIED DAUGHTERS
APPELLANT NO. 5 and 6 ARE MINOR UNMARRIED DAUGHTERS AND
APPELLANT NO. 7 IS THE WIDOW MOTHER OF DECEASED
SWAPNA RANI DEBNATH THE APPELLANTS NO. 5 and 6 ARE MINORS AND
REPRESENTED BY THEIR NEXT OF KIN and FATHER IE. APPELLANT NO. 1
ALL ARE R/O WARD NO. 9
RAJIV NAGAR
LANKA TOWN
P.O. and P.S. LANKA
DIST. HOJAI
ASSAM.
VERSUS
M/S UNITED INDIA INSURANCE CO. LTD and 2 ORS
FIRST FLOOR
JOYRAM BUILDING
PAMOHI ROAD
P.O. GORCHUK
GUWAHATI-781035
KAMRUP M
Page No.# 4/5
ASSAM.
2:THAKUR CHANDRA DAS
S/O LATE DASARATH CH. DAS
C/O JHARNA DAS
HOUSE NO. 92
SOUTH SARANIA
G.S. ROAD
GUWAHATI 781007
KAMRUP M
ASSAM.
------------
Advocate for : MR.A R SHOME
Advocate for : MR SISHIR DUTTA appearing for M/S UNITED INDIA INSURANCE
CO. LTD and 2 ORS
BEFORE
HON'BLE MRS. JUSTICE MALASRI NANDI
29.04.2022
The petitioner/claimant has filed an application under Section 114 of CPC read with
section 169 and section 173 of Motor Vehicles Act, 1988 praying for review of Judgment and
order dated 19.01.2022, passed by this court in MAC Appeal No. 31/2017.
Heard Mr. S. Chauhan, learned counsel appearing for the petitioners and Ms. M.
Choudhury, learned counsel appearing for the respondent no. 1/Insurance Company.
It is submitted by the learned counsel for the petitioners that this court after hearing
the parties on 19.01.2022 delivered the judgment by enhancing the awarded amount from Rs
4,25,000/- along with interest @ 6% per annum to Rs 9,70,000/- but interest part was not
mentioned in the judgment.
Learned counsel for the petitioners also submits that under the provision of 171 of M.V.
Act, the interest is required to be paid along with the awarded amount and in support of his
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submission, learned counsel has placed reliance on some case laws.
On the other hand, learned counsel for the Insurance Company submits that in the
original judgment passed by the learned tribunal 6% interest was awarded and she has no
objection if 6% interest is awarded along with the enhanced awarded amount.
Considering the submissions of learned counsel of both the parties, prayer of the petitioners
is allowed. Insurance Company is directed to pay the enhanced amount of compensation with
interest @ 6% per annum from the date of filing of the case till full and final realization.
Insurance company is directed to deposit the enhanced awarded amount along with
the interest to the Registry of this court.
This review petition stands disposed of accordingly.
JUDGE
Comparing Assistant
