Gauhati High Court
Page No.# 1/3 vs The National Insurance Co Ltd on 29 October, 2025
Page No.# 1/3
GAHC010205332025
2025:GAU-AS:14465
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3179/2025
SRI HARISH CH ROY
VILL. TALLI PT-I, P.O. and P.S. GOLAKGANJ, DIST. DHUBRI, ASSAM.
2: SMT. FULABALA ROY
W/O SRI HARISH CH. ROY
VILL. TALLI PT-I
P.O. and P.S. GOLAKGANJ
DIST. DHUBRI
ASSAM
VERSUS
THE NATIONAL INSURANCE CO LTD
REGIONAL OFFICE AT G.S. ROAD, BHANGARH, GUWAHATI,
REPRESENTED BY ITS REIONAL MANAGER, GUWAHATI , ASSAM.
Advocate for the Petitioner : MR. A R AGARWALA,
Advocate for the Respondent : MISS S ROY,
Linked Case : MACApp./257/2014
NATIONAL INSURANCE CO. LTD.
A COMPANY REGISTERED AND INCORPATED UNDER THE COMPANIES ACT
1956 HAVING ITS REGISTERED OFFICE AT 3
MIDDLETON STREET
KALKATA AND ONE OF ITS REGIONAL OFFICE AT G.S. ROAD
BHANGARH
GUWAHATI
REPRESENTED BY ITS REIONAL MANAGER
GUWAHATI
ASSAM.
VERSUS
Page No.# 2/3
HARISH CH. ROY and 2 ORS
VILL. TALLI PT-I
P.O. and P.S. GOLAKGANJ
DIST. DHUBRI
ASSAM.
2:SMT. FULABALA ROY
W/O SRI HARISH CH. ROY
VILL. TALLI PT-I
P.O. and P.S. GOLAKGANJ
DIST. DHUBRI
ASSAM.
------------
Advocate for : MS.S ROY
Advocate for : MR.A R AGARWALAR-1 appearing for HARISH CH. ROY and 2
ORS
BEFORE
HONOURABLE MR. JUSTICE BUDI HABUNG
ORDER
Date : 29.10.2025
Heard Mr. A. R. Agarwala, learned counsel appearing on behalf of the
applicants/claimants. However, none has appeared on behalf of the Opposite
Party/Insurance Company despite the name of Ms. S. Roy, learned counsel, having
been shown in the Cause List.
2. Mr. Agarwala, learned counsel, submits that the appellant Insurance
Company had filed the connected appeal being MAC.A. 257/2014, against the
order, dated 08.09.2004, passed by the learned Member, Motor Accident Claim
Tribunal, Dhubri, in MAC Case No. 139/2003.
3. Mr. Agarwala, learned counsel, further submits that the above-noted appeal
was disposed of by this Court vide judgment & order, dated 16.07.2018.
4. Mr. Agarwala, learned counsel, points-out that at paragraph No. 2 of the
said judgment & order; inadvertently, due to typographical error, instead of MAC
Case No. 139/2003, it was reflected as MAC Case No. 139/2013. He further
submits that in terms of the judgment & order, dated 16.07.2018, passed by this
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Court in MAC.A. 257/2014; the appellant Insurance Company has not deposited
the awarded amount before the learned Tribunal.
5. By this application, the applicants/claimants have prayed for correction of
the typographical error, referred to above, as well as withdrawal of the amount, in
question, which is yet to be deposited by the appellant Insurance Company.
6. Taking into the consideration the matter in its entirety, the inadvertent
typographical error which crept at paragraph No. 2 in the judgment & order, dated
16.07.2018 passed by this Court in MAC. A. 257/2014; in the form of "MAC. Case
No. 139/2013", now stands corrected as "MAC. Case No. 139/2003".
7. That apart, the appellant Insurance Company is hereby directed to deposit the
awarded amount, in question, before the learned Tribunal along with the interest in
compliance of the judgment & order, dated 16.07.2018 passed by this Court in
MAC. A. 257/2014; within a period of 6(six) weeks from the date of receipt of a
certified copy of this order.
8. The rest of the award of the learned Tribunal shall remain unaltered.
9. Upon such deposition being made by the appellant Insurance Company, as
prayed for; the applicant No. 1/claimant shall be permitted to withdraw the same
after proper verification and identification in terms of the Notifications issued from
the Registry of this Court from time to time.
10. Needless to mention that this order shall form a part of the judgment &
order, dated 16.07.2018 passed by this Court in MAC. A. 257/2014.
11. With the above directions, the interlocutory application accordingly stands
allowed and disposed of.
JUDGE
Comparing Assistant
