[Cites 4, Cited by 0]
Sikkim High Court
Dhanesh Gupta Alias Dhanesh Kumar Gupta vs The Divisional Manager, National ... on 15 April, 2026
Author: Bhaskar Raj Pradhan
Bench: Bhaskar Raj Pradhan
THE HIGH COURT OF SIKKIM: GANGTOK
(Civil Jurisdiction)
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SINGLE BENCH: THE HON'BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE
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Review Petition No. 01 of 2026
Dhanesh Gupta alias Dhanesh Kumar Gupta,
Aged about 44 years,
Resident of Majhigoan East MW,
Housing Colony, Jorethang, Nagar Panchayat,
Naya Bazar, District Namchi, Sikkim
Pin No.737 128.
..... Petitioner
Versus
1. The Divisional Manager,
National Insurance Company Limited,
NH-10, Gangtok,
P.O. & P.S. Gangtok,
Pin No:737 101.
2. The Branch Manager,
National Insurance Company Limited,
Having Office at Damber Chowk, Reshi Road,
Kalimpong, District: Darjeeling,
Pin No. 734 301.
.... Respondents/Insurer
3. Shri Norbu Tshering Bhutia,
Son of Late Phuchung Bhutia,
Resident of Jorethang, SNT Colony,
P.O. & P.S. Jorethang,
District: Namchi,
Pin No. 737128.
.....Respondent/Owner
Review Petition under Order 47 Rule 1 Read with
Section 151 of the Code of Civil Procedure, 1908.
{Impugned judgment dated 16.09.2025 passed by Hon'ble High
Court of Sikkim in Mac App No.03 of 2025 directing the Appellant
therein/Respondent Nos.1 and 2 herein to pay Rs.27,83,390/-
only as compensation to the Petitioner}.
2
Review Petition No. 01 of 2026
Dhanesh Gupta @ Dhanesh Kumar Gupta vs. The Divisional Manager & Ors.
Appearance:
Mr. Rahul Rathi and Ms. Khushboo Rahi, Advocates for
the Petitioner.
Mr. Madan Kumar Sundas, Advocate for the Respondent
Nos. 1 & 2.
None for Respondent No.3.
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Date of Hearing : 15.04.2026
Date of Judgment : 15.04.2026
Date of uploading : 15.04.2026
J U D G M E N T (ORAL)
Bhaskar Raj Pradhan, J.
1. Delay condoned.
2. The learned counsel for the petitioner submits that
the present review petition is limited to the failure of this
Court to consider grant of the interest on the claim of the
petitioner under the Motor Vehicles Act, 1988 (the M.V.
Act).
3. It is pointed out that although the learned Tribunal
had granted interest @10% per annum on the total sum of
Rs.71,20,670/- from the date of filing of the claim petition
i.e. w.e.f. 06.03.2021 till full and final payment the
impugned judgment dated 16.09.2025 passed by this Court
in appeal does not examine the interest component.
4. In appeal (at paragraph 44 of the impugned judgment)
this Court re-computed "just compensation" to an amount
of Rs.27,83,390/- only. These were for expenses relating to
Dhanesh Gupta @ Dhanesh Kumar Gupta vs. The Divisional Manager & Ors.
treatment, hospitalisation, transportation, nourishing food
and miscellaneous expenses; loss of earning during the
period of treatment; loss of future earning, pain and
suffering; loss of amenities; future medical expenses;
attendant charges; extra nourishment and miscellaneous
expenditure and cost of litigation.
5. In paragraph 9 of the impugned judgment the
calculation of compensation by the learned Tribunal was
reflected as Rs.71,20,670/- only which did not include the
10% interest granted.
6. It therefore appears that although 10% interest had
been granted by the learned Tribunal this Court did not
notice it. The learned counsel for the petitioner is therefore,
right when it is submitted that while computing the total
compensation grantable as just compensation this Court
did not factor in the interest amount payable under section
171 of the M.V. Act. Since the learned Tribunal had
granted 10% interest on the computed amount there is no
apparent reason why the petitioner should not be granted
the same in appeal.
7. I am therefore of the view that the present petition
would squarely fall within the powers of review available to
this Court. I am of the view that there has been a mistake
and an error apparent on the face of the record in the
Dhanesh Gupta @ Dhanesh Kumar Gupta vs. The Divisional Manager & Ors.
impugned judgment which needs to be corrected.
Accordingly, the review petition is allowed. The petitioner is
granted interest @ 10% from the date of making of the
claim till actual payment on the amount of Rs.27,83,390/-
only. The review petition stands disposed of.
( Bhaskar Raj Pradhan )
Judge
Approved for reporting : Yes
Internet : Yes
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