Gauhati High Court
Page No.# 1/5 vs The Branch Manager And 2 Ors on 20 February, 2025
Author: Malasri Nandi
Bench: Malasri Nandi
Page No.# 1/5
2023:GAU-AS:7354
GAHC010119762023
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./72/2023
ARUN CHANDA
S/O LATE NARENDRA CHANDA, R/O G.S. ROAD, COLONY, FATASIL, P.S.
BHARALUMUKH, P.O. GUWAHATI- 781009, DIST. KAMRUP (M), ASSAM.
VERSUS
THE BRANCH MANAGER AND 2 ORS.
CHOLEMENDELAM M.S. GENERAL INS. CO. LTD. , SHANKAR COMPLEX
2ND FLOOR, CHRISTIAN BASTI, G.S. ROAD, P.O. GUWAHATI- 06, DIST.-
KAMRUP (M), ASSAM.
2:SRI SUNIL SAHU (OWNER)
S/O SRI KAMAL (OWNER)
ALOK BAWAN
NARAYANNAGAR
P.O. AND P.S.- BHARALUMUKH
GUWAHATI- 09
DIST. KAMRUP (M)
ASSAM.
3:SRI SURAJ ROY
S/O LATE NARESH ROY
R/O G.S. COLONY
FATASIL
P.O. AND P.S. BHARALUMUKH
GUWAHATI- 09
DIST. KAMRUP (M)
ASSAM
Advocate for the Petitioner : MR. J P SHARMA,
Advocate for the Respondent : MR. K K BHATTA,
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2023:GAU-AS:7354
Linked Case : I.A.(Civil)/1122/2018
SRI ARUN CHANDRA
S/O LATE NARENDRA CHANDA
R/O G.S. COLONY
FATASIL
P.O. GUWAHATI-9
DIST. KAMRUP (M)
ASSAM.
VERSUS
THE BRANCH MANAGER AND 2 ORS
CHOLEMENDELAM M.S. GENERAL INSURANCE CO. LTD.
SHANKAR COMPLEX
2ND FLOOR
CHRISTIAN BASTI
G.S. ROAD
P.O. GUWAHATI-6
DIST. KAMRUP (M)
ASSAM.
2:SRI SUNIL SAHU (OWNER)
S/O SRI KAMAL
ALOK BHAWAN
NARAYANAGAR
P.O. BHARALUMUKH
GUWAHATI-9
DIST. KAMRUP (M)
ASSAM.
3:SRI SURAJ ROY
S/O LATE NAREH ROY
R/O G.S. COLONY
FATASIL
P.S. BHARALUMUKH
P.O. GUWAHATI-9
DIST. KAMRUP (M)
ASSAM.
------------
Advocate for : MR. J P SARMA
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Advocate for : appearing for THE BRANCH MANAGER AND 2 ORS
Linked Case : MACApp./269/2018
SRI ARUN CHANDA
S/O LATE NARENDRA CHANDA
R/O G.S. ROAD
COLONY
FATASIL
P.S. BHARALUMUKH
P.O. GUWAHATI-9
DIST. KAMRUP (M)
ASSAM.
VERSUS
THE BRANCH MANAGER
CHOLEMENDELAM M.S. GENERAL INS. CO. LTD.
SHANKAR COMPLEX 2ND FLOOR
CHRISTIAN BASTI
G.S. ROAD
P.O. GUWAHATI 6
DIST. KAMRUP (M)
ASSAM.
2:SRI SUNIL SAHU (OWNER)
S/O SRI KAMAL (OWNER)
ALOK BAWAN
NARAYANNAGAL
P.O. BHARALUMUKH
P. GUWAHATI-9
DIST. KAMRUP (M)
ASSAM.
3:SRI SURAJ ROY
S/O LATE NARESH ROY
R/O G.S. COLONY
FATASIL
P.S. BHARALUMUKH
P.O. GUWAHATI-9
DIST. KAMRUP (M)
ASSAM.
------------
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2023:GAU-AS:7354
Advocate for : MR. J P SARMA
Advocate for : MR. K K BHATTA appearing for THE BRANCH MANAGER
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
20.02.2025
Heard Mr. J.P Sharma, learned counsel for the review petitioner. Also
heard Mr. K.K. Bhatta, learned counsel for the respondent/Insurance Company.
By filing this application under Order 47 R/W Section 151 CPC, the review
petitioner has prayed for review of the judgment and order dated 17.05.2023,
passed by this Court in MAC Appeal No.269/2018.
The review petitioner as appellant has preferred an appeal vide MAC
Appeal No.269/2018 against the judgment and award passed on 21.06.2017 in
MAC Case No.1136/2010 by the learned Member, MACT No.3, Kamrup (M),
awarding Rs. 55,510/- only in favour of the review petitioner.
After hearing both sides, this Court vide judgment dated 17.05.2023
decided the MAC Appeal No.269/2018 by enhancing the award from Rs.55,510/-
to Rs.85,510/- carrying interest @ 6% p.a from the date of filing of the case till
realization.
It is submitted by the learned counsel for the review petitioner that the
petitioner has not preferred any appeal against the judgment and order dated
17.05.2023 but has prayed for clarification and rectification of the enhanced
award of compensation of Rs.60,000/- and the total award should be
Rs.1,15,510/-.
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2023:GAU-AS:7354
On the other hand, learned counsel for the respondent/Insurance
Company has argued that as per para 13 of the judgment dated 17.05.2023, it
has been clearly mentioned that Rs.30,000/- was awarded for pain and suffering
and another Rs.30,000/- for loss of amenities and the medical expenditure
amounting to Rs.25,510/- would remain as same. As such the total amount
comes to Rs.85,510/- and not Rs.1,15,510/- as stated by the review petitioner.
Under such backdrop, the learned counsel for the respondent/Insurance
Company has prayed for dismissal of the review petition.
Having heard the learned counsel for the parties and on perusal of the
judgment dated 17.05.2023, passed by this Court, it reveals that the award of
the Tribunal was modified by enhancing the compensation from Rs.55,510/- to
Rs.85,510/-. As per para 13 of the judgment, it was clearly mentioned that
Rs.30,000/- on each count was enhanced on the head of pain and suffering and
for loss of amenities and the medical expenditure of Rs.25,510/- was added. As
such, the total amount comes to Rs.85,510/-.
In view of the above, this Court does not find any ground to review the
judgment and order dated 17.05.2023. Hence, the review petition is dismissed
and disposed of accordingly.
JUDGE
Comparing Assistant
