Allowed

New India Assurance Company Ltd. v. Smt Pramila Panika and 5 Ors.

Gauhati HC9 Sept 2022I.A.(Civil)/1398/2022

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an interlocutory application to correct an order. The impugned order mistakenly directed payment of an 'additional' amount of Rs. 17,00,000/-, though the settlement was for a total of Rs. 17,00,000/-. The court clarified the payment was the settled sum, not an addition.

What did the court decide?

The direction to pay an additional sum of Rs. 17,00,000/- and the phrase 'settled... at an additional amount' in the impugned order were deleted and the order modified to reflect the total settled amo

New India Assurance Company Ltd. Vs Smt Pramila Panika… — Consumer Protection | Gauhati HC (2022)

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Page No.# 1/6

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GAHC010087952022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/1398/2022

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NEW INDIA ASSURANCE COMPANY LTD

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HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE BUILDING, 87 MAHATMA GANDHI ROAD, FORT MUMBAI 400001 AND REGIONAL OFFICE AT G.S. ROAD, GUWAHATI-5, REPRESENTED BY THE CHIEF REGIONAL MANAGER

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VERSUS

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SMT PRAMILA PANIKA AND 5 ORS

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W/O LATE PUTU PANIKA, R/O BORBALI 2 NO. MATIA, P.S. BIHPURIA, LAKHIMPUR, ASSAM.

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2:SRI INDESWAR PANIKA S/O LATE PUTU PANIKA R/O BORBALI 2 NO. MATIA P.S. BIHPURIA LAKHIMPUR ASSAM.

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3:MISS JOSHNA PANIKA D/O LATE PUTU PANIKA R/O BORBALI 2 NO. MATIA P.S. BIHPURIA LAKHIMPUR ASSAM.

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4:SRI DIPAK PANIKA S/O LATE PUTU PANIKA RESPONDENTS NO. 3 AND 4 BEING MINOR REPRESENTED BY RESPONDENT NO. 1 (MOTHER) AND ALL ARE R/O BORBALI 2 NO. MATIA P.S. BIHPURIA LAKHIMPUR

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Page No.# 2/6

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ASSAM.

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5:SRI BINOD KUMAR TODI S/O GHISALAL TODI VILL. KHELMATI P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM (OWNER OF THE VEHICLE NO. AS-01/Y-0984)

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6:SRI BINOD KUMAR AGARWALA TODI S/O SRI G. AGARWALA VILL. KHELMATI P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM (DRIVER OF VEHICLE BEARING REGN. NO. AS-01/Y-0984

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Advocate for the Petitioner : MR. S DUTTA

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Advocate for the Respondent :

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Linked Case : MACApp./242/2018

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NEW INDIA ASSURANCE COMPANY LTD HAVING ITS REGISTERED AND HEAD OFFICE AT NEW INDIA ASSURANCE BUILDING 87 MAHATMA GANDHI ROAD FORT MUMBAI 400001 AND REGIONAL OFFICE AT G.S. ROAD GUWAHATI-5 REPRESENTED BY THE CHIEF REGIONAL MANAGER

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VERSUS

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SMT PRAMILA PANIKA AND 5 ORS W/O LATE PUTU PANIKA R/O BORBALI 2 NO. MATIA P.S. BIHPURIA LAKHIMPUR ASSAM.

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Page No.# 3/6

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2:SRI INDESWAR PANIKA S/O LATE PUTU PANIKA R/O BORBALI 2 NO. MATIA P.S. BIHPURIA LAKHIMPUR ASSAM. 3:MISS JOSHNA PANIKA D/O LATE PUTU PANIKA R/O BORBALI 2 NO. MATIA P.S. BIHPURIA LAKHIMPUR ASSAM. 4:SRI DIPAK PANIKA S/O LATE PUTU PANIKA RESPONDENTS NO. 3 AND 4 BEING MINOR REPRESENTED BY RESPONDENT NO. 1 (MOTHER) AND ALL ARE R/O BORBALI 2 NO. MATIA P.S. BIHPURIA LAKHIMPUR ASSAM. 5:SRI BINOD KUMAR TODI S/O GHISALAL TODI VILL. KHELMATI P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM (OWNER OF THE VEHICLE NO. AS-01/Y-0984) 6:SRI BINOD KUMAR AGARWALA TODI S/O SRI G. AGARWALA VILL. KHELMATI P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM (DRIVER OF VEHICLE BEARING REGN. NO. AS-01/Y-0984) -----------Advocate for : MR. S DUTTA Advocate for : MR. A BHATTACHARYYA (R-1 2 4) appearing for SMT PRAMILA PANIKA AND 5 ORS

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Page No.# 4/6

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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09-09-2022

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Heard Mr. S. Dutta, learned Senior Counsel assisted by Ms. S. Muchahary, learned counsel for the applicant and Mr. A. Bhattacharyya, learned counsel appearing for the respondent nos. 1, 2, 3 & 4.

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This Interlocutory Application has been filed seeking correction of the order dated 11.12.2021 passed by this Court in MACApp./242/2018. The order dated 11.12.2021, is extracted herein below:

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“ 11.12.2021

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Mr. Jitendra Gupta, Regional Manager appears for the New India Assurance Company Limited.

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The claimants, namely, Smt. Pramila Panika and Sri Indeswar Panika are represented by the learned counsel today.

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The case is settled between the parties at an additional amount of Rs. Rs.17,00,000/- (Rupees Seventeen Lakhs) only.

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The New India Assurance Company Limited is directed to pay a further sum of Rs.17,00,000/- (Rupees Seventeen Lakhs) only. The settled amount be apportioned as Rs.2,50,000/- each to be deposited in a fixed deposit in a nationalised bank for a period of 7(seven) years in respect of claimant Nos. 1, 3 & 4 and the balance amount is to be given to Claimant No. 1. The apportionment made is in terms of the award dated 31.10.2017 passed by the Member, MACT No. 3, Kamrup(M), Guwahati in MAC Case No. 2391/2015.

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The settled amount as directed above will be paid before the Registry of this Court and the same shall be released, subject to submission of proper valid papers relating to identities within a period of 30(thirty)days from today and after deduction of any statutory deposit made by the New India Assurance Company Limited from Claimant No. 1.

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Accordingly, the appeal is disposed of in terms of above.”

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By the said order, the claim was settled at an amount of Rs.17,00,000/(Rupees Seventeen Lakhs) only to be paid by the applicant-New India Insurance Company Limited. Further, it was directed that an amount of Rs.2,50,000/(Rupees Two Lakh Fifty Thousand) each to be deposited in a fixed deposit in a Nationalised Bank for a period of 7 years in respect of claimant nos. 1, 3 & 4 and the balance amount to be given to claimant no. 1. The said apportionment was directed to be made in terms of the award dated 31.10.2017 passed by MACT No. 3, Kamrup (M), Guwahati in MAC Case No. 2391/2015.

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It is submitted by the learned Senior Counsel that the amount was settled at a total amount of Rs.17,00,000/- (Rupees Seventeen Lakhs). However, in the order, it was recorded that the “the case is settled between the parties at an additional amount of Rs.17,00,000/- (Rupees Seventeen Lakhs)”.

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Mr. Dutta, learned Senior Counsel submits that because of this, it would appear that the Insurance Company is required to pay an additional or further amount of Rs.17,00,000/- (Rupees Seventeen Lakhs) over and above the amount by which the claims were settled.

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The papers available in the case records have been carefully perused and it is found that as per the note available in the case records, the claim is shown to be settled at an amount of Rs.17,00,000/- (Rupees Seventeen Lakhs). Signature of Shri Indeswar Panika and the right thumb impression of Smt. Pramila Panika who are claimants number 2 & 1 respectively are also found endorsed thereon. There is also an endorsement of the conciliator as the settlement was made during the process of the National Lok Adalat which was held on 11.12.2021.

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Having perused the case records, this Court is of the view that the error which had occurred in the order dated 11.12.2021 is required to be corrected.

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Accordingly, it is directed that in the order dated 11.12.2021 the direction to pay an additional sum of Rs.17,00,000/- (Rupees Seventeen Lakhs) as well as the direction that “the case is settled between the parties at an additional amount of Rs.17,00,000/- (Rupees Seventeen Lakhs)” stands deleted. The order dated 11.12.2021 stands modified to that extent.

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This order shall be read together with the order dated 11.12.2021.

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The Interlocutory Application is accordingly allowed and disposed of.

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JUDGE

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Comparing Assistant

New India Assurance Company Ltd. v. Smt Pramila Panika and 5 Ors.

Case brief

What is this about?

What did the court decide?

New India Assurance Company Ltd. v. Smt Pramila Panika and 5 Ors.

Case brief

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