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2025 DAILYLAW 26639 (GAU)

SRI HARISH CH ROY v. THE NATIONAL INSURANCE CO LTD

I.A.(Civil)/3179/2025 · 2025-10-28

Budi Habung

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010205332025 2025:GAU-AS:14465 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3179/2025 SRI HARISH CH ROY VILL. TALLI PT-I, P.O. and P.S. GOLAKGANJ, DIST. DHUBRI, ASSAM. 2: SMT. FULABALA ROY W/O SRI HARISH CH. ROY VILL. TALLI PT-I P.O. and P.S. GOLAKGANJ DIST. DHUBRI ASSAM VERSUS THE NATIONAL INSURANCE CO LTD REGIONAL OFFICE AT G.S. ROAD, BHANGARH, GUWAHATI, REPRESENTED BY ITS REIONAL MANAGER, GUWAHATI , ASSAM. Advocate for the Petitioner : MR. A R AGARWALA, Advocate for the Respondent : MISS S ROY, Linked Case : MACApp./257/2014 NATIONAL INSURANCE CO. LTD. A COMPANY REGISTERED AND INCORPATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 3 MIDDLETON STREET KALKATA AND ONE OF ITS REGIONAL OFFICE AT G.S. ROAD BHANGARH GUWAHATI REPRESENTED BY ITS REIONAL MANAGER GUWAHATI ASSAM. VERSUS Page No.# 2/3 HARISH CH. ROY and 2 ORS VILL. TALLI PT-I P.O. and P.S. GOLAKGANJ DIST. DHUBRI ASSAM. 2:SMT. FULABALA ROY W/O SRI HARISH CH. ROY VILL. TALLI PT-I P.O. and P.S. GOLAKGANJ DIST. DHUBRI ASSAM. ------------ Advocate for : MS.S ROY Advocate for : MR.A R AGARWALAR-1 appearing for HARISH CH. ROY and 2 ORS BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 29.10.2025 Heard Mr. A. R. Agarwala, learned counsel appearing on behalf of the applicants/claimants. However, none has appeared on behalf of the Opposite Party/Insurance Company despite the name of Ms. S. Roy, learned counsel, having been shown in the Cause List. 2. Mr. Agarwala, learned counsel, submits that the appellant Insurance Company had filed the connected appeal being MAC.A. 257/2014, against the order, dated 08.09.2004, passed by the learned Member, Motor Accident Claim Tribunal, Dhubri, in MAC Case No. 139/2003. 3. Mr. Agarwala, learned counsel, further submits that the above-noted appeal was disposed of by this Court vide judgment & order, dated 16.07.2018. 4. Mr. Agarwala, learned counsel, points-out that at paragraph No. 2 of the said judgment & order; inadvertently, due to typographical error, instead of MAC Case No. 139/2003, it was reflected as MAC Case No. 139/2013. He further submits that in terms of the judgment & order, dated 16.07.2018, passed by this Page No.# 3/3 Court in MAC.A. 257/2014; the appellant Insurance Company has not deposited the awarded amount before the learned Tribunal. 5. By this application, the applicants/claimants have prayed for correction of the typographical error, referred to above, as well as withdrawal of the amount, in question, which is yet to be deposited by the appellant Insurance Company. 6. Taking into the consideration the matter in its entirety, the inadvertent typographical error which crept at paragraph No. 2 in the judgment & order, dated 16.07.2018 passed by this Court in MAC. A. 257/2014; in the form of “MAC. Case No. 139/2013”, now stands corrected as “MAC. Case No. 139/2003”. 7. That apart, the appellant Insurance Company is hereby directed to deposit the awarded amount, in question, before the learned Tribunal along with the interest in compliance of the judgment & order, dated 16.07.2018 passed by this Court in MAC. A. 257/2014; within a period of 6(six) weeks from the date of receipt of a certified copy of this order. 8. The rest of the award of the learned Tribunal shall remain unaltered. 9. Upon such deposition being made by the appellant Insurance Company, as prayed for; the applicant No. 1/claimant shall be permitted to withdraw the same after proper verification and identification in terms of the Notifications issued from the Registry of this Court from time to time. 10. Needless to mention that this order shall form a part of the judgment & order, dated 16.07.2018 passed by this Court in MAC. A. 257/2014. 11. With the above directions, the interlocutory application accordingly stands allowed and disposed of. JUDGE Comparing Assistant