Gauhati High Court
Page No.# 1/5 vs New India Assurance Co. Ltd And 4 ... on 18 January, 2023
Page No.# 1/5
GAHC010257192022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3825/2022
RUBI ADITYA and 3 ORS.
W/O LATE SANDIPAN ADITYA
2: SAURAV ADITYA
S/O LATE SANDIPAN ADITYA
3: SAMAR ADITYA
S/O LATE SRISH ADITYA
4: SMTI MITRA ADITYA
W/O SRI SAMAR ADITYA
ALL ARE R/O HOUSE NO. 32
SIKH TEMPLE PATH BIRUBARI UDAYPUR
NEAR KALI MANDIR
P.O. GOPINATH NAGAR
P.S. PALTANBAZAR
GUWAHATI 781016
DIST. KAMRUP ASSAM RESPONDENT NO. 2 BEING MINOR IS
RERESENTED BY HIS MOTHER and LEGAL GUARDIAN RUBI ADITYA RESP.
NO.
VERSUS
NEW INDIA ASSURANCE CO. LTD AND 4 ORS
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87 M.G. ROAD,
FORT, MUMBAI AND ITS REGIONAL OFFICE AT G.S. ROAD,
BHANGAGARH, GUWAHATI.
2:LOHIT PAREEK
S/O SRI MADAN LAL PAREEK
R/O REHABARI
A.K. AZAD ROAD
KAMAKHYA APARTMENT 5THFLOOR
P.S.PALTAN BAZAR
Page No.# 2/5
GUWAHATI 781008
DIST. KAMRUP ASSAM OWNER OF THE VEHICLE NO. AS-01-AG-9012
SCOOTER
3:LAXMI KANTA PAREEK
S/O SRI JAGDISH KUMAR PAREEK
R/O DEOMATI BHABAN
A.K. AZAD ROAD
REHABARI
P.S. PALTAN BAZAR
GUWAHATI 781008
DIST. KAMRUP ASSAM
4:SMTI SHANTANA BANERJEE
W/O SRI SANJEEB KUMAR BANERJEE
R/O CHATRIBARI
BILPAR
GUWAHATI
P.S. PALTAN BAZAR
GUWAHATI 781008
DIST. KAMRUP ASSAM
5:SANTOSH CHETRI
S/O SRI NETRA BAHADUR CHETRI
R/O RAILWAY COLONY
KUSHAL NAGAR
NEAR DAS STORE
WARD NO. 49
P.O. BAMUNIMAIDAN
P.S. CHANDMARI
GUWAHATI 781021
DIST. KAMRUP ASSA
Advocate for the Petitioner : MR. B K JAIN
Advocate for the Respondent : MR. R GOSWAMI
Linked Case : MACApp./614/2017
NEW INDIA ASSURANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT 87 M.G. ROAD
FORT
MUMBAI AND ITS REGIONAL OFFICE AT G.S. ROAD
BHANGAGARH
GUWAHATI.
VERSUS
Page No.# 3/5
RUBI ADITYA and 7 ORS.
W/O LATE SANDIPAN ADITYA
2:SAURAV ADITYA
S/O LATE SANDIPAN ADITYA
3:SAMAR ADITYA
S/O LATE SRISH ADITYA
4:SMTI MITRA ADITYA
W/O SRI SAMAR ADITYA
ALL ARE R/O HOUSE NO. 32
SIKH TEMPLE PATH BIRUBARI UDAYPUR
NEAR KALI MANDIR
P.O. GOPINATH NAGAR
P.S. PALTANBAZAR
GUWAHATI 781016
DIST. KAMRUP ASSAM RESPONDENT NO. 2 BEING MINOR IS RERESENTED
BY HIS MOTHER and LEGAL GUARDIAN RUBI ADITYA RESP. NO. 1
5:LOHIT PAREEK
S/O SRI MADAN LAL PAREEK
R/O REHABARI
A.K. AZAD ROAD
KAMAKHYA APARTMENT 5THFLOOR
P.S.PALTAN BAZAR
GUWAHATI 781008
DIST. KAMRUP ASSAM OWNER OF THE VEHICLE NO. AS-01-AG-9012
SCOOTER
6:LAXMI KANTA PAREEK
S/O SRI JAGDISH KUMAR PAREEK
R/O DEOMATI BHABAN
A.K. AZAD ROAD
REHABARI
P.S. PALTAN BAZAR
GUWAHATI 781008
DIST. KAMRUP ASSAM
7:SMTI SHANTANA BANERJEE
W/O SRI SANJEEB KUMAR BANERJEE
R/O CHATRIBARI
BILPAR
GUWAHATI
P.S. PALTAN BAZAR
GUWAHATI 781008
DIST. KAMRUP ASSAM
8:SANTOSH CHETRI
S/O SRI NETRA BAHADUR CHETRI
R/O RAILWAY COLONY
KUSHAL NAGAR
NEAR DAS STORE
Page No.# 4/5
WARD NO. 49
P.O. BAMUNIMAIDAN
P.S. CHANDMARI
GUWAHATI 781021
DIST. KAMRUP ASSAM
------------
Advocate for : MS.P BORTHAKUR
Advocate for : MR. S K JAIN appearing for RUBI ADITYA and 7 ORS.
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 18.01.2023
Heard Mr. B.K. Jain, learned counsel for the applicants/claimants.
Also heard Mr. R. Goswami, learned counsel for the respondent No.
1/the New India Assurance Company Ltd.
This is an application filed under Section 152 CPC for
amendment of the clerical or arithmetical mistakes as crept in the
judgment and order dated 05.12.2022 passed by this Court in MAC
Appeal No. 614/2017.
The learned counsel for the applicants submits that there is
some mistake regarding the registration number of the offending
vehicle which has been mentioned as AS-01-G-9012 instead of AS-01-
AG-9012 in the judgment dated 05.12.2022.
Another mistake pointed out by the learned counsel for the
applicants that regarding calculation of the compensation awarded in
the judgment i.e. after deducting 1/3 income of the deceased, the
amount comes to Rs.67,200/- instead of Rs.33,600/-.
Mr. Goswami, learned counsel for the New India Assurance
Company Ltd. submits that he has agreed with the calculation made
by the learned counsel for the applicants/claimants.
Page No.# 5/5
Hence, the mistake regarding the registration number of the
offending vehicle as well as the calculation of the compensation
amount is rectified.
The final computation of compensation is as follows-
A. Annual income of the deceased- Rs.8,400/- x 12 =
Rs.1,00,800/-.
B. After deducting one-third of the income of the deceased,
the amount comes to Rs.67,200/-.
C. After multiplied with multiplier, the amount comes to Rs.
67,200/- x 16 =Rs. 10,75,200/-.
D. Funeral expenses- Rs.16,500/-
E. Loss of Consortium- Rs.44,000/-
F. Loss of Estate- Rs.16,500/-
Total- Rs.11,52,200/-( Rupees Eleven Lacks Fifty Two Thousand
and Two Hundred) only.
In view of above, the registration of the offending vehicle as AS-
01-G-9012 appeared in the said judgment and order dated 05.12.2022
shall be read as AS-01-AG-9012. So far as the compensation amount is
concerned, The New India Assurance Company Ltd. is directed to pay
the compensation amount of Rs.11,52,200/- to the
claimants/applicants and the remaining part of the judgment is not
interfered with.
With the above observation, the present interlocutory application
stands disposed of.
JUDGE
Comparing Assistant
