Page No.# 1/4 vs The Regional Manager
2025 Latest Caselaw 8128 Gua

Gauhati High Court

Page No.# 1/4 vs The Regional Manager on 29 October, 2025

                                                                          Page No.# 1/4

GAHC010060022021




                                                                    2025:GAU-AS:14458

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

                                  Case No. : I.A.(Civil)/820/2021

            SABITA KARMAKAR
            W/O. LATE GOPI KARMAKAR, R/O. VILL. KARMAKARPARA, P.S. KRISHNAI
            , DIST. GOALPARA (ASSAM), PIN- 783126

            2: GOKUL KARMAKAR
             R/O VILL. KARMAKARPARA
             P.S. KRISHNAI
             DIST. GOALPARA
            ASSAM.

            3: CHAMPA KARMAKAR
             R/O VILL. KARMAKARPARA
             P.S. KRISHNAI
             DIST. GOALPARA
            ASSAM. (APPELLANTS NO. 2 AND 3 ARE BEING MINORS AND
            REPRESENTED BY THEIR MOTHER APPELLANT NO. 1

            VERSUS

            THE REGIONAL MANAGER, ORIENTAL INSURANCE CO. LTD.
            REGIONAL OFFICE, GUWAHATI, G.S. ROAD, BHANGAGARH, GHY- 05,
            DIST. KAMRUP (M)



Advocate for the Petitioner   : MR. A R AGARWALA,

Advocate for the Respondent : ,
                                                                        Page No.# 2/4

                                BEFORE
                    HONOURABLE MR. JUSTICE BUDI HABUNG

                                     ORDER

29.10.2025

Heard Mr. A. R. Mr. Agarwala, learned counsel for the applicants. Also heard Mrs. S. Roy, learned counsel for the respondent.

2. This is an application praying for correction of the order dated 13.07.2019, passed in MAC Appeal No. 179/2018 (corresponding to MAC Case No. 164/2014 of MACT, Goalpara).

3. It is submitted by Mr. Agarwala, learned counsel for the applicants, that MAC Appeal No. 179/2018 was settled before the National Lok Adalat with the full and final satisfaction of the parties, with an additional settlement amount of Rs. 3,79,000/- (Rupees three lakhs seventy-nine thousand only), along with the principal awarded amount of Rs. 6,71,000/- (Rupees six lakhs seventy-one thousand only) with interest, in terms of the judgment and order dated 02.03.2017 passed by the learned Member, M.A.C.T., Goalpara in MAC Case No. 164/2014.

4. However, due to a typographical error in the order dated 13.07.2019, passed in MAC Appeal No. 179/2018 at third paragraph as additional amount of Rs. 1,29,000/- (Rupees one lakh twenty-nine thousand only) instead of Rs. 3,79,000/- (Rupees three lakhs seventy-nine thousand only) and the amount has not yet been deposited by the Insurance Company.

5. Therefore, he prays for the correction of the same. He also prays that the principal amount (Rs. 6,71,000/-) with interest and the additional settlement Page No.# 3/4

amount (Rs. 3,79,000/-) be directed to be deposited before the Registry of this Court.

6. In this regard, Mrs. Roy, learned counsel for the respondent submits that she has obtained instructions that the correct figure of the additional amount was settled at Rs. 3,79,000/-.

7. From the order dated 13.07.2019, it prima facie appears that there is an error in the arithmetical figure of the additional amount, which has been recorded as Rs. 1,29,000/- instead of Rs. 3,79,000/-.

8. In view of the above, this Interlocutory Application is allowed and the order, dated 13.07.2019, passed by the National Lok Adalat in MAC Appeal No. 179/2018, stands corrected and modified to the extent indicated below:

MAC App 179/2018; Para-3rd; "As agreed, the respondent Insurance Company shall deposit the earlier awarded amount of Rs. 6,71,000/- with interest in terms of the judgment and order dated 02.03.2017 passed by the learned Member, MACT, Goalpara in MAC Case No. 164/2014 within a period of 30 days from today, if not already paid and the additional amount of Rs. 3,79,000/- noted above shall be paid within a period of 30(thirty) days from the date of receipt of a certified copy of this order."

9. This order passed in the Interlocutory Application may be treated to be a part of the order dated 13.07.2019.

10. As prayed by the learned counsel for the applicant, the respondent/Insurance Company is hereby directed to deposits the principal amount of Rs. 6,71,000/- with interest and the additional settlement amount of Page No.# 4/4

Rs. 3,79,000/- before the Registry of this Court within a period of 6(six) weeks from today, if not deposited before the learned MACT, Goalpara.

11. Upon such deposit being made by the respondent/Insurance Company, the same shall be allowed to be withdrawn by the applicants, on proper identification and by following the due process of verification.

12. With the above directions, the interlocutory application accordingly stands disposed of.

JUDGE

Comparing Assistant