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2025 DAILYLAW 20393 (GAU)

xxx v. THE NATIONAL INSURANCE COMPANY LTD.

Review.Pet./123/2023 · 2025-06-17

Parthivjyoti Saikia

Review Petitionbody2025

Judgment text

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Page No.# 1/2 GAHC010231612023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./123/2023 xxx xxx 2: DHRUBAJYOTI BARUAH S/O LATE HEMARAM BARUAH RESIDENT OF VILLAGE HENGERAJHAR PO HOWLY MOHANPUR DIST DARRANG ASSAM 3: JAMINI BARUAH D/O LATE HEMARAM BARUAH RESIDENT OF VILLAGE HENGERAJHAR PO HOWLY MOHANPUR DIST DARRANG ASSA VERSUS THE NATIONAL INSURANCE COMPANY LTD. TEZPUR BRANCH, TEZPUR, ASSAM Advocate for the Petitioner : MS. PADMINI BARUA, MS. RUKMINI BARUA Advocate for the Respondent : MS. R D MOZUMDAR (r, MR. S P SHARMA (r-3),MS. C MOZUMDAR (r-3) Page No.# 2/2 :: P R E S E N T :: THE HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA For the Review Petitioners: Ms. Padmini Barua, Advocate. For the Respondents : Mr. C. Mozumdar, Advocate. Date of Hearing : 16.05.2025. Date of Judgment : 18.06.2025. JUDGMENT AND ORDER (CAV) Heard the learned counsel Ms. Padmini Baruah appearing for the review petitioners. Also heard the learned counsel Mr. C. Mazumdar appearing for the respondent Insurance Company. 2. The present petition has been filed under Article 215 of the Constitution of India as well as under Order 47 Rule 1 & 2 of the Code of Civil Procedure praying for reviewing the judgment and order passed by this Court on 07.09.2023 in MAC Appeal No.767/2022. 3. In the said judgment and order, it was directed that the appellant would be entitled to receive ₹4,80,112/- apart from the amount which was already deposited by the Insurance Company in the Tribunal. But no interest was given upon the said amount. The Tribunal had granted an interest @ 6% per annum over the compensation amount it allowed, to be calculated from the date of filing of the claim petition till realization. 4. I have considered the submissions made by the learned counsel of both sides. 5. Non-mentioning of the interest over the compensation amount, is an error apparent on the face of the record. Therefore, it is hereby directed that the review petitioners/claimants would be entitled to receive interest @ 6% per annum over the entire amount of the compensation, to be calculated from the date of filing of the claim petition. 6. With the above direction, the Review Petition is disposed of accordingly. This order shall for a part of the order of this Court dated 07.09.2023 passed in MAC Appeal No.767/2022. JUDGE Comparing Assistant