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2026 DAILYLAW 8339 (GAU)

SMT ALAKA KALITA v. THE ORIENTAL INSURANCE CO LTD

I.A.(Civil)/1760/2026 · 2026-06-14

Sanjeev Kumar Sharma

body2026

Judgment text

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Page No.# 1/4 GAHC010105182026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1760/2026 SMT ALAKA KALITA W/O LATE NIRANJAN KALITA, RESIDENT OF VILLAGESIMLABARI NAYABASTI, P.O. AND P.S.- BARBARI, DISTRICT- BAKSA BTAD, ASSAM, PIN-781343. 2: MS PRANITA KALITA YEARS D/O LATE NIRANJAN KALITA RESIDENT OF VILLAGESIMLABARI NA-BASTI P.O. AND P.S.- BARBARI DISTRICT- BAKSA BTAD ASSAM PIN-781343 3: MST KISHOR KALITA S/O LATE NIRANJAN KALITA RESIDENT OF VILLAGESIMLABARI NA-BASTI P.O. AND P.S.- BARBARI DISTRICT- BAKSA BTAD ASSAM PIN-781343. THE PETITIONER NO.3 HEREIN IS MINOR AND BEING REPRESENTED BY HIS MOTHER NATURAL GUARDIAN SMT. ALAKA KALITA THE PE VERSUS THE ORIENTAL INSURANCE CO LTD . HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE, A-25/27, ASAF ALI ROAD, NEW DELHI-110002 AND REGIONAL OFFICE AT GUWAHATI-7, REPRESENTED BY THE REGIONAL MANAGER. Advocate for the Petitioner : MR. B K JAIN, Page No.# 2/4 Advocate for the Respondent : MR SISHIR DUTTA, MS M CHOUDHURY,S K BEGUM Linked Case : MACApp./24/2026 ORIENTAL INSURANCE CO. LTD. HAVING ITS REGISTERED OFFICE AT ORIENTAL HOUSE A-25/27 ASAF ALI ROAD NEW DELHI- 110002 AND REGIONAL OFFICE AT GUWAHATI-7 REPRESENTED BY THE REGIONAL MANAGER. VERSUS SMT. ALAKA KALITA AND 4 ORS. W/O LATE NIRANJAN KALITA RESIDENT OF VILLAGE- SIMLABARI NA-BASTI P.O. AND P.S- BARBARI DISTRICT- BAKSA (BTAD) ASSAM PIN-781343. 2:PRANITA KALITA D/O LATE NIRANJAN KALITA RESIDENT OF VILLAGE- SIMLABARI NA-BASTI P.O. AND P.S- BARBARI DISTRICT- BAKSA (BTAD) ASSAM PIN-781343. 3:KISHOR KALITA S/O LATE NIRANJAN KALITA RESIDENT OF VILLAGE- SIMLABARI NA-BASTI P.O. AND P.S- BARBARI DISTRICT- BAKSA (BTAD) ASSAM PIN-781343. 4:UZZAL SAIKIA S/O SRI NALINI KANTA SAIKIA RESIDENT OF - HOUSE NO. 43 NAOJAN ROAD JORPUKHURIPAR UZAN BAZAAR P.S- LATASIL GUWAHATI ASSAM Page No.# 3/4 PIN- 781001. 5:MD. NAZIM ALI S/O N. ALI RESIDENT OF N.K. DARRANGA P.O.-MELA BAZAR TAMULPUR DISTRICT- BAKSA (BTAD) ASSAM PIN- 781306. ------------ Advocate for : MR SISHIR DUTTA Advocate for : appearing for SMT. ALAKA KALITA AND 4 ORS. BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 15 .0 6 . 2026 Heard Mr. B.K, Jain, learned counsel for the applicants and Ms. M. Choudhury, learned counsel for the respondent/ Insurance Company Ltd. 2. This application has been preferred under Section 152 read with Section 151 of the C.P. Code for correction of certain clerical and arithmetical errors which have occurred inadvertently in the order dated 14.03.2026, passed in MACApp. No. 24/2026. The correction which are required to be made are as follows: (i) “ The words ‘two, ‘respondents, ‘are’ and ‘children’ as regards the numbers of minor children in Lines- 2 and 3, Para-1 at page No. 2, be deleted and substituted by the words, ‘one’ ‘respondent’, ‘is’ and ‘child’ respectively.” (ii) The figure “1” showing the number of respondent Nos.” in Line-1, Para -2 at page No. 3 be deleted. (iii) The figure “Rs. 4,60,000/-“ mentioned in Line-2, Para-2 at Page No. 3 with regard to the apportioned amount of the settled compensation amongst Page No.# 4/4 the respondents be deleted and substituted with the figure “Rs. 7,00,000/-“. (iv) The word ‘children’ appearing in Line-2, Para-2, Page No. 3, be deleted and substituted by the word ‘child’. (v) The figure “4” appearing in Line-3, Para-2, Page No. 3 with regard to the respondent numbers be deleted. (vi) The figure “Rs. 4,60,000/-“ mentioned in Line -3, Para-2 at Page No. 3 with regard to the shared amount of the minor child be deleted and substituted with the figure “Rs. 7,00,000/-“. 3. Accordingly, the aforesaid order dated 14.03.2026 stands corrected as follows:- “ In the second paragraph of the said order, in place of the words ‘ “each of the remaining respondent Nos. 1,2 and 3 will be entitled to Rs. 4,60,000/-“ the following words shall be substituted “Rs. 7,00,000/- each to the respondent Nos. 2 and 3 and the amount of Rs. 7,00,000/- for the respondent No. 3 be kept in fixed deposit till the said respondent attains majority”. s 4. The remaining part of the said paragraph stands deleted. 5. This order shall be kept as a part of record of this order dated 14.03.2026, passed in MACApp. 24/2026. 6. With the above correction, this I.A. stands disposed of. JUDGE Comparing Assistant