Gauhati High Court
The New India Assurance Co. Ltd vs Beauti Dutta Gogoi And 3 Ors on 12 December, 2022
Page No.# 1/4
GAHC010243642022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3545/2022
THE NEW INDIA ASSURANCE CO. LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956.
REP. BY ITS REGIONAL MANAGER, G.S. ROAD, GUWAHATI- 7.
VERSUS
BEAUTI DUTTA GOGOI AND 3 ORS
W/O SRI BISWANATH GOGOI, R/O MERBIL PABOJAN, KATHALGURI, P.O.-
KATHALGURI, P.S.- DULIAJAN, DIST.- DIBRUGARH, ASSAM- 786602.
2:MRIDU PAWAN GOGOI
S/O SRI BISWANATH GOGOI
R/O MERBIL PABOJAN
KATHALGURI
P.O.- KATHALGURI
P.S.- DULIAJAN
DIST.- DIBRUGARH
ASSAM- 786602.
3:HEM CHANDRA BARUAH
S/O LT. MADAM CHANDRA BARUAH
R/O HIJUGURI
BASH BARI
P.O.- HIJUGURI
P.S.- TINSUKIA
Page No.# 2/4
DIST.- TINSUKIA
ASSAM- 786192.
(OWNER OF BUS BEARING NO. AS-23-E-1691)
4:NABA KANTA PHUKAN
S/O LOMBODHAR PHUKAN
R/O PANITOLA
P.O.- PANITOLA
P.S.- TINSUKIA
DIST.- TINSUKIA
ASSAM- 786183.
(DRIVER OF BUS BEARING NO. AS-23-E-1691
Advocate for the Petitioner : MRS B ACHARYA
Advocate for the Respondent :
BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 12-12-2022 Heard Mr. A. Acharya, learned counsel appearing for the petitioner/ New India Insurance Company Ltd.
This Interlocutory application has been filed for correction/modification of the order dated 12.11.2022, passed by this Court in MAC Appeal No. 597/2022 in the National Lok Adalat.
It is submitted that the MAC Appeal No.597/2022 was put up before the National Lok Adalat on 12.11.2022 and accordingly, both the parties appeared before the Court and agreed to pay interest of Rs.9,43,159/- on the awarded mount of Rs. 14,04,972/- and the matter was settled at an amount of Rs.
Page No.# 3/4 23,48,131/- but due to inadvertent error for some typographical mistake in the order dated 12.111.2022, it was reflected in 3 rd paragraph of the order sheet that "the matter was settled between the parties @ an amount of Rs.4,50,000/- as an additional amount" instead of "the matter was settled between the parties at an amount of Rs. 23,48, 131/-". Again in the second line of 4 th paragraph the amount mention as "Rs. 14,4,972/-" whereas it should be " Rs. 14,04,972/-". More so, in the last line of the order it is reflected that "additional amount"
should have been mentioned as "total amount". Again on second line of 5th paragraph it is reflected as "additional amount" instead of "total amount".
Accordingly, vide instant petition, it is prayed to correct the order dated 12.11.2022, passed in MAC Appeal No. 597/2022 before the National Lok Adalat.
After hearing the submission of the learned counsel for the petitioner and I have also perused the case record and the order dated 12.11.2022, passed before the National Lok Adalat and accordingly, it reveals that though the total settled amount is accordingly mentioned in the order but due to some inadvertent and typographical error the line mentioned in the 2nd para "the amount was settled between the parties at an amount of Rs. 4,50,000/- as an additional amount" is not related in the present case and further, it is seen that inadvertently, the total awarded amount after review is mentioned as "Rs. 14,4,972/-" instead of Rs.
14,04,972/-". Again in the last line of 3 rd paragraph, the word "additional" has been inserted instead of the correct word "total". Further, in 4 th paragraph, the word "additional" is inserted in place of "total" though, the total amount mentioned is correct which is Rs.23,48,131/-
Accordingly, it is seen that there was some clerical as well as typographical Page No.# 4/4 mistake, which need to be corrected/modified.
Accordingly the present petition for correction/modification is hereby allowed and after the modification the order will be read as under:
"The case is put up before the National Lok Adalat.
The appellant New India Insurance Company Ltd as well as the representatives of the respondents is present.
The matter is settled between the parties at total amount of Rs. 23,48,131/-. Record reveals that earlier the awarded amount was Rs. 10,14,971.97/- and after review it has come to Rs. 14,04,972/- as per settled amount the Insurance Company is ready to pay the interest of Rs. 9,43,159/- accordingly, the total amount will be Rs. 23,48,131/- interest is subject to TDS, within 30 days from today before the Registry of this Court and respondents/claimants are at liberty to withdraw the same on proper identification.
Accordingly, the matter is settled before the National Lok Adalat. The appellant/New India Insurance Company Ltd is asked to pay the total amount of Rs. 23,48,131/- interest is subject to TDS, within 30 days from today before the Registry of this Court and the respondents/claimants are at liberty to withdraw the same on proper identification.
The statutory deposit of Rs. 25,000/- by the Company be adjusted with the awarded amount."
JUDGE Comparing Assistant