Page No.# 1/4 GAHC010164062018 2025:GAU-AS:6447 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3440/2018 MRS. BUNU SHYAM W/O- LATE BINOD SHYAM R/O- RAM KRISHNA NAGAR, NEAR CLUB ROAD, P.O.- CHINAMORA, P.S.- LICHUBARI, DIST.- JORHAT, PRESENTLY RESIDING AT C/O- SRI PADMA SHYAM, HOUSE NO. 49, NARENGI HOUSING COLONY, P.O.- NARENGI, P.S.- NOONMATI, GUWAHATI, KAMRUP, ASSAM VERSUS UNITED INDIA INSURANCE CO. LTD. REP. BY THE REGIONAL MANAGER, GUWAHATI REGIONAL OFFICE, G.S. ROAD, DISPUR, GUWAHATI-5, KAMRUP, ASSAM (INSURER OF THE TRUCK NO. AS-01-C-8029) POLICY NO. 130402/31/09/02/00001792 VALID UPTO 14-09-2010 Advocate for the Petitioner : MR S M T CHISTIE, MR. S BORA Advocate for the Respondent : MR. A J SAIKIA, MR. U K DUTTA,MR. B KAKATI,MS B KASSHYAP Linked Case : MACApp./284/2013 BUNU SHYAM and 4 ORS. W/O LT. BINOD SHYAM R/O RAM KRISHNA NAGAR NEAR CLUB ROAD Page No.# 2/4 PO. CHINAMORA PS. LICHUBARI DIST. JORHAT PRESENTLY RESIDING AT C/O PADMA SHYAM HOUSE NO. 49 NARENGI HOUSING COLONY PO. NARENGI PS. NOONMATI GUWAHATI KAMRUP ASSAM. 2: MS. JAYSONG SHYAM C/O MRS. BUNU SHYAM 3: MS. ESONG SHYAM C/O BUNU SHYAM 4: SMT. NANDI SHYAM W/O LAHESWAR SHYAM R/O BALIJAN SHYAM GAON PO. BAHANI KHARIKATIA DIST. JORHAT ASSAM 5: LAHESWAR SHYAM S/O LT. KOLIA SHYAM R/O BALIJAN SHYAM GAON PO. BAHANI KHARIKATIA DIST. JORHAT ASSAM THE CLAIMANT NO.1 IS THE WIFE CLAIMANT 2 and 3 ARE MINOR DAUGHTERS OF THE DECEASED BINOD SHYAM CLAIMANT NO.3 and 4 ARE THE AGED PARENTS OF THE DECEASED BONOD SHYAM AND THE CLAIMANT NOS. 2 3 4 AND 5 ARE BEING REP. BY THE CLAIMANT NO.1. VERSUS UNITED INDIA INSURANCE CO. LTD. and 2 ORS. REP. BY THE REGIONAL MANAGER GUWAHATI REGIONAL OFFICE G.S.ROAD Page No.# 3/4 DISPUR GUWAHATI-5 KAMRUP ASSAM INSURER OF THE TRUCK NO. AS-01-C-8029 POL. NO. 130402/31/09/02/00001792 VALID UPTO 14.9.2010. 2:BADAR HUSSAIN S/O LT. SERJIT ALI R/O JAKHALAPAR OPP. DIC OFFICE PO. CHINAMARA DIST. JORHAT ASSAM OWNER OF THE TRUCK NO. AS-01-C-8029 3:MUNIN BORAH S/O LT. BAPURAM BORAH R/O NAPAM GAON JALUKONIBARI PO. JALUKONIBARI DIST. JORHAT ASSAM DRIVER OF THE TRUCK NO. AS-01-C-8029 D/O NO. 82315/MKG/PROOF DATED 22.07.2009 VALID UPTO 20.7.2012 ------------ Advocate for the applicant(s): Ms. P Das Advocate for the respondent(s): Mr. AJ Saikia B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 21.05.2025 Heard Ms. P Das, the learned counsel appearing on behalf of the applicants. Page No.# 4/4 Mr. AJ Saikia, the learned counsel who appears on behalf of the respondent No.1 2. This is an application filed under Section 151 of the Code of Civil Procedure, 1908 (for short, the Code) seeking a direction upon the respondent No.1 to make calculation as directed in paragraphs 13 and 14 of the judgment dated 09.04.2018 passed by this Court in MAC Appeal No.284/2013. 3. This Court is of the opinion that when the judgment and award has been passed by this Court whereby there is certain enhancement to the award, the applicants herein, if so aggrieved will have to take resort to a proceedings before the Tribunal for the purpose of enforcing the said award and not file an application under Section 151 of the Code before this Court. Consequently, this Court finds the instant application not maintainable, for which, the instant application stands closed. 4. Closing of the instant application, however, shall not prejudice the right of the applicants to approach the learned Tribunal. JUDGE Comparing Assistant