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1964 DAILYLAW 64 (GAU)

SMT MADHABI RABHA v. BAJAJ ALLIANZ GENERAL INSURANCE CO LTD

I.A.(Civil)/1964/2026 · 2026-06-16

Sanjeev Kumar Sharma

Public Interest Litigationbody1964

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/5 GAHC010116522026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1964/2026 SMT MADHABI RABHA WO LATE APRAK RABHA ALIAS APARAK RABHA ALIAS APAK RABHA, RO LAHAPARA, PO BESORKONA, PS LAKHIPUR, DIST GOALPARA, ASSAM, PIN 783129 2: SRI PAMILA RABHA ALIAS PAMAPILA RABHA SO LATE KHOCHAI RABHA RO LAHAPARA PO BESORKONA PS LAKHIPUR DIST GOALPARA ASSAM PIN 783129 3: SMT NACHIMAI RABHA WO SRI PAMILA RABHA RO LAHAPARA PO BESORKONA PS LAKHIPUR DIST GOALPARA ASSAM PIN 783129 4: NAYANJYOTI RABHA MINOR SO LATE APRAK RABHA RO LAHAPARA PO BESORKONA PS LAKHIPUR DIST GOALPARA ASSAM PIN 783129 5: ANKUR RABHA MINOR SO LATE APRAK RABHA RO LAHAPARA PO BESORKONA PS LAKHIPUR DIST GOALPARA ASSAM Page No.# 2/5 PIN 78312 VERSUS BAJAJ ALLIANZ GENERAL INSURANCE CO LTD OFFICE AT SREEJI TOWER, 2ND FLOOR, CO GAUHATI TEA WAREHOUSING PVT LTD, ADJACENT TO MAHINDRA SHOWROOM, GUWAHATI 781006, KAMRUP M 2:BAREN RABHA SO KHITHAR RABHA RO LAHAPARA PO BESORKONA PS LAKHIPUR DIST GOALPARA ASSAM PIN 783129 3:ABBAS ALI SO LATE MULUK CHAN RO VILL SAPTIBARI PO FETENGAPARA PS LAKHIPUR DIST GOALPARA ASSAM PIN 78312 Advocate for the Petitioner : MR. M TALUKDAR, MS S PATOWARY Advocate for the Respondent : MR. P M TALUKDAR, Linked Case : MACApp./70/2026 BAJAJ ALLIANZ GENERAL INSURANCE CO LTD. HAVING ITS OFFICE AT SREEJI TOWER 2ND FLOOR C/O GAUHATI TEA WAREHOUSING PVT. LTD. ADJACENT TO MAHINDRA SHOWROOM GUWAHATI781006 KAMRUP (M) VERSUS SMT MADHABI RABHA AND 6 ORS WIFE OF LATE APRAK RABHA ALIAS APARAK RABHA ALIAS APAK RABHA AGED ABOUT 34 YEARS 2:SRI PAMILA RABHA ALIAS PAMAPILA RABHA SON OF LATE KHOCHAI RABHA AGED ABOUT 66 YEARS 3:SMT NACHIMAI RABHA WIFE OF SRI PAMILA RABHA 4:NAYANJYOTI RABHA (MINOR) SON OF LATE APRAK RABHA AGED ABOUT 08EIGHT YEARS 5:ANKUR RABHA (MINOR) SON OF LATE APRAK RABHA AGED ABOUT 08 EIGHT MONTHS RESPONDENT NOS. 4 AND 5 BEING MINOR BE REPRESENTED BY THEIR MOTHER RESPONDENT NO.1 ALL ARE RESIDENT OF LAHAPARA Page No.# 3/5 P.O. BESORKONA P.S. LAKHIPUR DISTRICT - GOALPARA-783129 ASSAM 6:BAREN RABHA SON OF KHITHAR RABHA RESIDENT OF LAHAPARA P.. BESORKONA P.S. LAKHIPUR DISTRICT- GOALPARA- 783129 ASSAM. OWNER OF VEHICLE NO. AS-18-K4475M. YCLE 7:ABBAS ALI SON OF LATE MULUK CHAN RESIDENT OF VILL- SAPTIBARI P.O. FETENGAPARA P.S. LAKHIPUR DISTRICT- GOALPARA- 783129 ASSAM RIDER OF VEHICLE NO. AS-18-K4475 (M. CYCLE) ------------ Advocate for : MR. P M TALUKDAR Advocate for : MR. M TALUKDAR(R1 TO 5) appearing for SMT MADHABI RABHA AND 6 ORS BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 17.06 . 2026 Heard Mr. M. Talukdar, learned counsel for the applicants and Mr. P.M. Talukdar, learned counsel for the respondent/ Insurance Company Ltd. [2] This I.A. has been preferred seeking correction of certain typographical and arithmetical errors that has crept in the order dated 14.03.2026, passed in MACApp. No. 70/2026. [3] The corrections which required to be made are as follows:- (a) In the First and Second Lines of First paragrah (at page No. 3) of the order, it may be recorded as “Madhabi Rabha, the respondent No. 1” in place of “Nachimai Rabha, the mother of the respondent No. 1”. Page No.# 4/5 (b) In the First, Second, Third & Fourth Lines of the quoted paragraph of 28 (at page No. 5), it may be recorded as “Claimant Madhabi Rabha (wife of the deceased) shall receive the balance amount of Rs. 13,13,000/-(Rupees Thirteen Lakh and Thirteen Thousand only). Out of this awarded amount, a sum of Rs. 3,00,000/- shall be placed in a Fixed Deposit in her name for a period of five years.”, in place of “Claimant Madhabi Rabha (wife of deceased) shall receive the balance amount of Rs. 13,13,1000/- shall be placed in a Fixed Deposit in her name for a period of five years.” [4] In the first and second lines of the said order dated 14.03.2026, passed in MACApp. 70/2026, the name has been wrongly inserted as “Nachimai Rabha, the mother of the respondent No. 1” instead of “Madhabi Rabha, the respondent No. 1”. [5] In the last page of the said order, the amount has been wrongly inserted as “Rs. 13,13,1000/-“ instead of “Rs. 13,13,000/-“ [6] An amount of Rs. “Rs. 3,00,000/-“ out of the said amount of “Rs. 13,13,000/-“ was to be kept in a Fixed Deposit in the name of “Madhabi Rabha, respondent No. 1” for a period of five years. [7] As agreed to by the learned counsel for both the parties and on perusing the materials available on records, the aforesaid order dated 14.03.2026, passed in MACApp. No. 70/2026 is accordingly corrected by substituting the name of “Madhabi Rabha, the respondent No. 1” in place of “Nachimai Rabha, the mother of the respondent No. 1”. Page No.# 5/5 [8] The amount of “Rs. 13,13,1000/-“ shall be read as “Rs. 13,13,000/- in the last page of the said order and additionally the words “an amount of Rs. 3,00,000/” - shall be inserted after the words “an amount of Rs. 13,13,000/-“ and before the words “shall be placed” in the second line in the first paragraph of the last page of the said order. [9] The order dated 14.03.2026, passed in MACApp. No. 70/2026 accordingly stands corrected. [10] This order shall be read as a part of the order dated 14.03.2026, passed in MACApp. No. 70/2026. [11] The I.A. stands disposed of. JUDGE Comparing Assistant