Icici Lombard General Insurance ... vs United India Insurance Company ...
2022 Latest Caselaw 3726 Gua

                                                                 Page No.# 1/3

GAHC010140072022




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

                        Case No. : Review.Pet./146/2022

         ICICI LOMBARD GENERAL INSURANCE COMPANY LTD.
         HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT ICICI BANK
         TOWERS, BANDRA KURLA COMPLEX, MUMBAI-400051 AND A BRANCH
         OFFICE AT KAMAKHYA TOWER 3RD FLOOR, OFFICE NO. 305 AND 306, G.S.
         ROAD, GUWAHATI-781005, ASSAM

         VERSUS

         UNITED INDIA INSURANCE COMPANY LTD. AND 8 ORS. B
         HAVING ITS REGISTERED OFFICE AT 24 WHITES ROAD, CHENNAI AND
         ONE OF THE REGIONAL OFFICE AT G.S. ROAD, BHANGAGARH,
         GUWAHATI AND A DIVISIONAL OFFICE AT BONGAIGAON.

         2:SMTI. BANDANA PATHAK
         W/O- LATE SURESH PATHAK
          R/O- VILL.- MAJKUCHI
          PATBAUSHI
          P.O. PATBAUSHI
          P.S. AND DIST. BARPETA
         ASSAM

         3:KUMAL PATHAK
          D/O- LATE SURESH PATHAK
          R/O- VILL.- MAJKUCHI
          PATBAUSHI
          P.O. PATBAUSHI
          P.S. AND DIST. BARPETA
         ASSAM

         4:KIRAN PATHAK
         W/O- LATE KANDARPA PATHAK
          R/O- VILL.- MAJKUCHI
          PATBAUSHI
          P.O. PATBAUSHI
                                                      Page No.# 2/3

             P.S. AND DIST. BARPETA
             ASSAM

            5:SEWALI PATHAK
             D/O- LATE KANDARPA PATHAK
             R/O- VILL.- MAJKUCHI
             PATBAUSHI
             P.O. PATBAUSHI
             P.S. AND DIST. BARPETA
            ASSAM

            6:DIGANTA DAS
             S/O- SRI PRABIN CHANDRA DAS
             R/O- VILL.- ATHIABARI
             P.S. MASALPUR
             DIST. BAKSA (BTAD)
            ASSAM

            7:M/S. SARGAM VENTURES PVT. LTD.

             R/O- 2B
             2ND FLOOR
             ROYAL ARCADE II
             DR. B. BARUAH ROAD
             ULUBARI
             DIST. KAMRUP
             ASSAM
             PIN- 781007.

            8:FIRDUS HUSSAIN
             S/O- MD. HAMIDULLAH HUSSAIN
             R/O- VILL.- KALMOWBARI
             P.S. MIKIRBHETA
             DIST. MORIGAON
            ASSAM

            9:NAYAN JYOTI BARMAN
             R/O- H/NO. 20
             PROGRESSIVE ASSOCIATES NAGARBERA ROAD
             SILPUKHURI
             GUWAHATI
             DIST. KAMRUP(M)
            ASSAM
             PIN- 781003

Advocate for the Petitioner   : MR. R GOSWAMI

Advocate for the Respondent : MR. B J GHOSH
                                                                        Page No.# 3/3




                                  BEFORE
                 HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                     ORDER

Date : 22.09.2022.

Heard Mr. R. Goswami, learned counsel for the petitioner. Also heard Mr. B.J. Ghosh, learned counsel for the respondent No. 1.

This review petition has been filed under Order 47 read with Section 151 of CPC praying for correction of the judgment and award dated 23.05.2022 passed by this Court in Mac Appeal No. 218/2017.

Here, the learned counsels have jointly agreed that the income tax was not deducted while calculating the compensation amount. Both the learned counsels submitted that the correction should be like this:-

       Yearly Income                            - Rs.3,95,810/-
       50% is added as future income            - Rs.1,97,905/-
       Deduct 1/4th for personal expenses       - Rs. 1,48,428.75/-
       Multiplier 15(Rs.4,45,286.25X15)         - Rs. 66,79,293.75/-
       Add funeral expenses loss of
       consortium and loss of estate            - Rs. 70,000/-
                                             Total- 67,49,293.75/-

On being aggrieved by both sides, the revision petition is allowed. Now, the total compensation amount will be Rs.67,49,293.75/-. Both the insurance companies are to share the compensation amount of Rs. 67,49,293.75/-.

With the aforesaid direction, the review petition stands disposed of.

JUDGE Comparing Assistant