Oriental Insurance Company Ltd vs Nitanjali Devi Saikia And 2 Ors
2023 Latest Caselaw 2189 Gua

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GAHC010071532021




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

                          Case No. : I.A.(Civil)/953/2021

         ORIENTAL INSURANCE COMPANY LTD.
         A CENTRAL GOVT. UNDERTAKING, HAVING ITS REGIONAL OFFICE AT
         GUWAHATI , G.S ROAD, ULUBARI, GHY- 7, REP. BY THE DEPUTY
         MANAGER, GAUHATI REGIONAL OFFICE, ULUBARI, GHY- 7, DIST.
         KAMRUP (M), ASSAM



         VERSUS

         NITANJALI DEVI SAIKIA AND 2 ORS.
         W/O. LATE BIMAL KUMAR SAIKIA, R/O. VILL. DAGAON, P.O. and P.S.
         JURIA, DIST. NAGAON, ASSAM, PIN- 782124

         2:TANBIR BARUA
          S/O. J.N. BARUAH
          C/O. G. RAHMAN
          H/NO.317
          PANJABARI
          GUWAHATI
          P.O. PANJABARI
          DIST. KAMRUP(M)
         ASSAM
          PIN- 781037

         3:PRABIN BORA

          S/O SRI MONTU BORA
          JAMKHALA
          P.O. BHOMORAGURI
          P.S. ULUWANI
          DIST. NAGAON
          ASSAM
          PIN 78214
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Advocate for the Petitioner     : MS. R D MOZUMDAR

Advocate for the Respondent : MR. A J SARMA



                                                  :: BEFORE ::
                               HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                                  O R D E R

25.05.2023

Heard Ms. R.D. Mozumdar, learned counsel appearing for the applicant Insurance Company. Also heard Mr. A.J. Sarma and Mr. P.D. Nair, learned counsel appearing for the opposite parties.

This is an application under Section 152 of the Code of Civil Procedure praying for correction of typographical errors appearing in MACApp./98/2017.

Both sides jointly agreed that there are some typographical errors and mistakes in the said judgment and the proper calculation should be like this -

Sl.      Particulars                                       Working                         Amount
No.                                                        (Amount in Rs.)                 (in Rs.)
1        Income per month                                  12,619                          12,619.00
2        25% Future Prospect                               12,619 x 25% =                   3,154.75
3        Total Income per month including Future           12,619 + 3,154.75               15,773.75
         Prospect
4        1/3rd Deduction                                   15,773.75 x 1/3=                 5,257.92
5        Total Income per month after 1/3rd                15,773.75 - 5,257.92 =          10,515.83
         Deduction
6        Compensation after Multiplier 15 is applied 10,515.83 x 12 months x 15 =          18,92,849.40
7        Conventional Amount                                                               70,000.00

8        Total Compensation                                18,92,849.40 + 70,000 =         19,62,849.40
9        Amount Deposited on 24/05/2017 &                                                  12,18,210.00
         withdrawn by claimant
10       Amount to be paid to Claimant after               19,62,849.40 - 12,18,210.00 =   7,44,639.40
         deducting Amount Deposited
11       Interest @ 6% till 24/05/2017 on Total            19,62,849.40 x 3 years x 6% =   3,53,312.89
         Compensation
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12       Interest @ 6% till today from 24/05/2017 on    7,44,639.40 x 6 years x 6% =      2,68,070.18
         amount after deducting amount
         withdrawn
13       Total compensation payable with interest       7,44,639.40 + 3,53,312.89 +       13,66,022.48
                                                        2,68,070.18 =

The Insurance Company is directed to deposit Rs.13,41,022.48. Out of Rs.13,66,022.48, the amount of Rs.25,000/-, which was deposited as security deposit, shall be returned to the claimants.

Therefore, the claimant would be entitled to Rs.13,66,022.00. Out of this amount, an amount of Rs.6,000,00/- shall be kept fixed deposited in the name of the minor till he attains majority. The rest of the amount shall be disbursed in favour of the claimant Smti. Nitanjali Devi Saikia.

The I.A. stands disposed of accordingly.

JUDGE

Comparing Assistant