Page No.# 1/3 vs Sri Manoj Kumar Dutta And 3 Ors
2024 Latest Caselaw 5551 Gua

Gauhati High Court

Page No.# 1/3 vs Sri Manoj Kumar Dutta And 3 Ors on 5 August, 2024

                                                                    Page No.# 1/3

GAHC010049832019




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

                         Case No. : Review.Pet./131/2024

         SMT JNAN PRABHA AGARWAL AND 2 ORS
         W/O- HARINARAYAN AGARWAL, R/O- HIJUGURI, OPPOSITE NEW
         TINSUKIA RAILWAY STATION, HIJUGURI, PIN- 786192, TINSUKIA TOWN,
         P.O., P.S. AND DIST.- TINSUKIA, ASSAM.

         2: MISS NIKITA AGARWAL
          D/O- LATE VIVEK KUMAR AGARWAL

         R/O- HIJUGURI
         OPPOSITE NEW TINSUKIA RAILWAY STATION
         HIJUGURI
         PIN- 786192
         TINSUKIA TOWN
         P.O.
         P.S. AND DIST.- TINSUKIA
         ASSAM.

         3: MISS SUNIDHI AGARWAL
          D/O- LATE VIVEK KUMAR AGARWAL

         R/O- HIJUGURI
         OPPOSITE NEW TINSUKIA RAILWAY STATION
         HIJUGURI
         PIN- 786192
         TINSUKIA TOWN
         P.O.
         P.S. AND DIST.- TINSUKIA
         ASSAM

         VERSUS

         SRI MANOJ KUMAR DUTTA AND 3 ORS
         S/O- SRI DIMBESWAR DUTTA, R/O- BALUGADA (VIKASHPUR), P.O.
         SUKHAN PUKHARI, PIN- 786146, P.S. AND DIST.- TINSUKIA, ASSAM.
                                                                              Page No.# 2/3


            2:SRI RANJIT CHETIA
             S/O- SRI JUGADHAR CHETIA

            R/O- CHANGALI GAON
            P.O. AND P.S. KAKOPATHAR
            PIN- 786152
            DIST.- TINSUKIA
            ASSAM.

            3:THE UNITED INDIA INSURANCE CO. LTD.

             DIVISIONAL OFFICE- RONGAGORA ROAD
             TINSUKIA TOWN
             PIN- 786125
             P.O.
             P.S. AND DIST.- TINSUKIA
             ASSAM.

            4:ZENTECH INDIA
             C/O- UDAYRAM GOVINDRAM
             OPPOSITE NEW TINSUKIA RAILWAY STATION
             PIN- 786192
             P.O. AND DIST.- TINSUKIA
            ASSAM

Advocate for the Petitioner   : MR. B K JAIN, MS. O PHUKAN

Advocate for the Respondent : ,




                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

05.08.2024

Heard Ms. C. Agarwal, learned counsel for the review petitioners.

This application under Section 114 of the Code of Civil Procedure read with Order 47 Rule 1 and Section 151 of the Code, read with Article 215 of the Constitution of India, is preferred by three petitioners, namely, Smt. Jhan Prabha Agarwal, Miss Nikita Agarwal Page No.# 3/3

and Miss Sunidhi Agarwal, for review of the judgment and award dated 16.07.2018 passed by this Court in MAC Appeal No.303/2014.

Perused the petition and the documents placed on record and also perused the judgment and award dated 16.07.2018.

It is to be noted here that vide the judgment under review, this Court was pleased to grant compensation of a sum of Rs.36,12,330/- by directing to deposit the same before the Tribunal within a period of 6 weeks including the interest awarded by the Tribunal. This review petition is preferred for non-consideration and non-granting of enhanced rate of interest from the date of filing the claim.

Let notice be issued to the respondents, returnable in 4(four) weeks.

Step be taken by registered post with A/D and also by usual process within a week from today.

Call for the record.

Registry shall list the matter after 4(four) weeks.

Sd/- Robin Phukan JUDGE

Comparing Assistant