Gauhati High Court
Pranita Medhi And 3 Ors vs Page No.# 2/5 on 20 August, 2020
Author: Prasanta Kumar Deka
Bench: Prasanta Kumar Deka
Page No.# 1/5
GAHC010103572020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 1290/2020
1:PRANITA MEDHI AND 3 ORS
W/O LT. ASHOK KUMAR DAS, R/O GANDHINAGAR, BARPETA, P.O. AND P.S.
BARPETA, DIST. BARPETA, ASSAM, PIN 781316
2: NIYOR DAS
S/O LT. ASHOK KUMAR DAS
R/O GANDHINAGAR
BARPETA
P.O. AND P.S. BARPETA
DIST. BARPETA
ASSAM
PIN 781316
3: NIKISMITA DAS
D/O LT. ASHOK KUMAR DAS
R/O GANDHINAGAR
BARPETA
P.O. AND P.S. BARPETA
DIST. BARPETA
ASSAM
PIN 781316
4: RIKISMITA DAS
D/O LT. AHOK KUMAR DAS
R/O GANDHINAGAR
BARPETA
P.O. AND P.S. BARPETA
DIST. BARPETA
ASSAM
PIN 78131
VERSUS
Page No.# 2/5
1:NATIONAL INSURANCE COMPANY LIMITED AND 2 ORS
REGISTERED HEAD OFFICE AT 3, MIDDLETON STREET, CALCUTTA 700071
REPRESENTED BY THE CHIEF REGIONAL MANAGER, GAUHATI
REGIONAL OFFICE, BHANGAGARH, GUWAHATI 781005
Advocate- MS. R D MOZUMDAR, MR. S P SHARMA,MS. C MOZUMDAR
2:PRAMILA DAS
W/O LT. DWIJEN DAS
R/O GANDHINAGAR
BARPETA
P.O. AND P.S. BARPETA
DIST. BARPETA
ASSAM
PIN 781316
3:NABA KUMAR KAKATI
S/O GOPAL CHANDDRA KAKATI
R/O VILL. JANIA
P.O. JANIA
P.S. BARPETA
DIST. BARPETA
ASSAM
PIN 78131
Advocate for the Petitioner : MS B GOGOI
Advocate for the Respondent : MS R D MAZUMDAR
Linked Case : MACApp. 177/2020
1:NATIONAL INSURANCE COMPANY LIMITED
REGISTERED HEAD OFFICE AT 3
MIDDLETON STREET
CALCUTTA 700071 REPRESENTED BY THE CHIEF REGIONAL MANAGER
GAUHATI REGIONAL OFFICE
BHANGAGARH
GUWAHATI 781005
VERSUS
Page No.# 3/5
1:SRI PRANITA MEDHI AND 5 ORS
W/O LT. ASHOK KUMAR DAS
R/O GANDHINAGAR
BARPETA
P.O. AND P.S. BARPETA
DIST. BARPETA
ASSAM
PIN 781316
2:PRAMILA DAS
W/O LT. DWIJEN DAS
R/O GANDHINAGAR
BARPETA
P.O. AND P.S. BARPETA
DIST. BARPETA
ASSAM
PIN 781316
3:NIYAR DAS
S/O LT. ASHOK KUMAR DAS
R/O GANDHINAGAR
BARPETA
P.O. AND P.S. BARPETA
DIST. BARPETA
ASSAM
PIN 781316
4:NIKISMITA DAS
D/O LT. ASHOK KUMAR DAS
R/O GANDHINAGAR
BARPETA
P.O. AND P.S. BARPETA
DIST. BARPETA
ASSAM
PIN 781316
5:RIKISMITA DAS
D/O LT. AHOK KUMAR DAS
R/O GANDHINAGAR
BARPETA
P.O. AND P.S. BARPETA
DIST. BARPETA
ASSAM
PIN 781316 (RESPONDENT NO. 3
4 AND 5 ARE REPRESENTED BY RESPONDENT NO. 1)
6:NABA KUMAR KAKATI
S/O GOPAL CHANDDRA KAKATI
Page No.# 4/5
R/O VILL. JANIA
P.O. JANIA
P.S. BARPETA
DIST. BARPETA
ASSAM
PIN 781314
Advocate for the Petitioner : MS. R D MOZUMDAR
Advocate for the Respondent : MR. M AHMED
BEFORE
THE HON'BLE MR JUSTICE PRASANTA KUMAR DEKA
ORDER
20. 08. 2020 Heard Ms. B Gogoi, learned counsel for the applicants. Also heard Ms. R D Mazumdar, learned counsel for the respondents.
This is an application under Section 152 of the CPC for correction of the judgment and order dated 17.07.2020 passed in MAC Appeal No. 177/2020. Vide this application the applicants wanted to rectify the judgment and order dated 17.07.2020 as follows:
"i. Direction regarding payment of interest @ 6% per annum on Rs. 50,08,585/-, the compensation awarded to the claimants from the date of filing of the claim petition till payment thereof to the Opposite party No. 1, i.e. National Insurance Company Limited and (ii) direction regarding the amount of Rs. 25,000/- deposited by the Opposite party No. 1 as statutory amount before the Registry of this Hon'ble Court at the time of admission the MAC Appeal No. 177/2020."
Ms. Gogoi referring to the said prayers sought for an appropriate order.
Ms. Mazumdar on the other hand submits that so far prayer No. (ii) is concerned she does not have objection but in respect of the prayer No. (i) she wanted to clarify that the total amount of the award of Rs. 50,08,585/- includes the income under the head, future prospect which is Rs. 13,00,307/-. The said amount under the heading future prospect do not carry any interest and as such the direction for payment @ 6% shall be on Rs. 50,08,585/-
Page No.# 5/5 less Rs. 13,00,307/-.
Considering the same the order dated 17.07.2020 passed in MAC Appeal No. 177/2020 is corrected as follows:
"The award of Rs. 50,08,585/- shall carry an interest @ 6% as declared by the learned Member, MACT after deducting Rs. 13,00,307/- from total awarded amount of Rs. 50,08,585/-. The amount of Rs. 25,000/- deposited by the respondents Insurance Company which is statutory deposit in the Registry of this Court shall be adjusted along with the total award."
This order shall be read with the order dated 17.07.2020 passed in MAC Appeal 177/2020. This application is accordingly allowed to the extent mentioned hereinabove. The said corrected amount shall be deposited in the Registry of this court within a period of four weeks from today.
JUDGE Comparing Assistant