Page No.# 1/4 vs Reliance General Insuranc Co. Ltd. And ...
2024 Latest Caselaw 3290 Gua

Gauhati High Court

Page No.# 1/4 vs Reliance General Insuranc Co. Ltd. And ... on 14 May, 2024

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                Page No.# 1/4

GAHC010217602023




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

                          Case No. : I.A.(Civil)/3018/2023

         SMT. PUNAM DEVI and 5 ORS,
         W/O LT. DAYA SANKAR SINGH

         2: SHILPI KUMARI
          D/O LT. DAYA SANKAR SINGH

         3: LAXMINI KUMARI
          D/O LT. DAYA SANKAR SINGH

         4: NIVA KUMARI

          D/O LT. DAYA SANKAR SINGH

         5: MANJIT KUMAR
          S/O LT. DAYA SANKAR SINGH

         6: SUBHOD KUMAR

         S/O LT. DAYA SANKAR SINGH
         ALL ARE RESIDENTS OF M/S PUNJ LLYOD LTD. COMPLEX CHEPTI
         RANGIA
         KAMRUP
         ASSAM
         781354. PERMANENT RESIDENT OF VILL. SURWALIYA
         P.O. BARHAR GOPAL
         DIST. SIWAN
         BIHAR. APPLICANT NO. 2 AND3 ARE REPRESENTED BY THE APPLICANT
         NO. 1 DUE TO THEIR AUTHORIZATION AND 4 TO 6 ARE REPRESENTED BY
         THE NO.1 DUE TO THEIR MINORITY

         VERSUS

         RELIANCE GENERAL INSURANC CO. LTD. and ANR.
         REGISTERED OFFICE AT RELIANCE CENTRE, 19, WALCHAND HIRACHAND
                                                                     Page No.# 2/4

            MARG, BALLARD ESTATE MUMBAI 400001 REPRESENTED BY THE POLICY
            SERVING OFFICER 5TH FLOOR ANIL PLAZA, BESIDES IDBI BANK G.S.
            ROAD, GUWAHATI, ASSAM 781005 INSURER OF THE VEHICLE NO. AS-
            14/A-8950

            2:M/S PUNJLLYOD LTD. COMPLEX
             (NEAR ARMY BASE CAMP) CHEPTI
             RANGIA
             KAMRUP
            ASSAM
             781354. (OWNER OF THE VEHICLE AS-14-A-895

Advocate for the Petitioner   : MR.S C PANDIT

Advocate for the Respondent : MR. R GOSWAMI

             Linked Case : MFA/39/2014(D/O)

            SMT. PUNAM DEVI and 5 ORS

            W/O LT. DAYA SANKAR SINGH

            2: SHILPI KUMARI
            D/O LT. DAYA SANKAR SINGH

            3: LAXMINI KUMARI
            D/O LT. DAYA SANKAR SINGH

             4: NIVA KUMARI

            D/O LT. DAYA SANKAR SINGH

            5: MAJIT KUMAR
            S/O LT. DAYA SANKAR SINGH

             6: SUBHOD KUMAR

            S/O LT. DAYA SANKAR SINGH
            ALL ARE RESIDENTS OF M/S PUNJ LLYOD LTD. COMPLEX CHEPTI
             RANGIA
             KAMRUP
            ASSAM
             781354. PREMANENT RESIDENT OF VILL. SURWALIYA
             P.O. BARHAR GOPAL
             DIST. SIWAN
             BIHAR. APPLICANT NO. 2 TO 6 ARE REPRESENTED BY THE APPLICANT NO.
            1 DUE TO THEIR MINORITY.
                                                                              Page No.# 3/4

           VERSUS

           RELIANCE GENERAL INSURANC CO. LTD. and ANR.
           REGISTERED OFFICE AT RELIANCE CENTRE
           19
           WALCHAND HIRACHAND MARG
           BALLARD ESTATE MUMBAI 400001 REPRESENTED BY THE POLICY
           SERVING OFFICER 5TH FLOOR ANIL PLAZA
           BESIDES IDBI BANK G.S. ROAD
           GUWAHATI
           ASSAM 781005 INSURER OF THE VEHICLE NO. AS-14/A-8950


            ------------
            Advocate for : MR.S C PANDIT
           Advocate for : MR. R GOSWAMI (R1) appearing for RELIANCE GENERAL
           INSURANC CO. LTD. and ANR.



                                 BEFORE
                HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                       ORDER

Date : 14.05.2024

Heard Mr. S.C Pandit, learned counsel appearing for the applicants. Also heard Mr. R. Goswami, learned counsel appearing for the Insurance Company.

2. This is an application filed under Section 152 of the Code of Civil Procedure praying for amendment of the judgment and order dated 29.08.2023 passed by this Court in MFA No.39 of 2014.

3. In the aforesaid judgment, the Insurance Company was directed to pay compensation of Rs.7,02,480/- to the claimant No. 1 alongwith interest @ 6% per annum to be calculated from the date of the judgment.

4. Mr. Pandit submits that the interest amount should have been calculated from the date of filing of the claim petition. Mr. Goswami also agreed to that.

5. Therefore, the said judgment stands modified to that extent. The rate of Page No.# 4/4

interest of 6% per annum shall be calculated from the date of filing of the claim petition.

6. With the aforesaid directions, the IA stands disposed of.

JUDGE

Comparing Assistant