New India Assurance Company Ltd v. Biswajit Chanda and Anr

PageoNo.#o1/3 GAHC010215172024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oReview.Pet./188/2024o NEWoINDIAoASSURANCEoCOMPANYoLTDo HAVINGoITSoREGISTEREDoOFFICEoANDoHEADoOFFICEoATo87oMGoROAD,o FORToMUMBAIoANDoITSoREGIONALoOFFICEoAToSTARoCITYoCOMPLEX,o5THo FOORoLACHIToNAGARoNEARoHANUMANoMANDIR,oGSoROAD,oGUWAHATIo 781007 VERSUSo BISWAJIToCHANDAoANDoANRo S/OoSRIoBIRENDRAoCHANDA,oR/OoVILL-SUPRAKANDI,oP.O.-MANIKGANJ,o P.S.-KARIMGANJ,oDIST-KARIMGANJ,oASSAM, 2:MD.oSAHIDULoALAMoKHAN oS/OoMD.oATAURoRAHMANoKHAN oR/OoVILL-oLATUoNAYABAZAR oP.O.-LATU oP.S.-KARIMGANJ oDIST-KARIMGANJ oASSAM oPIN-788710o(OWNERoCUMoDRIVERoOFoTHEoVEHICLEoNO.oAS-10B/0117o AdvocateoforotheoPetitionerooooo:oMR.oRoGOSWAMI,oMS.oMoSAIKIA,MS.oPoBORTHAKURo AdvocateoforotheoRespondento:o,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMRS.oJUSTICEoMITALIoTHAKURIA ORDERo Dateo:oo04-12-2024 Page No.# 2/3

Heard Mr. R. Goswami, the learned counsel for the petitioner and also heard Mr. M. Talukdar, the learned counsel appearing for the respondent no. 1/claimant.

¶2This is an application u/s 114 of the Code of Civil Procedure, 1908 for modification/vacation/alteration of the Judgment & Award dated 14.09.2024 passed by this Court in MAC Appeal No. 154/2021.

¶3It is submitted by Mr. Goswami, learned counsel for the petitioner that the matter was finally decided before the Lok Adalt on 14.09.2024 and both the parties were agreed to settle the matter at Rs. 15,00,000/- as full and final settlement amount. But, inadvertently the parties failed to mention that earlier the respondent /claimant received an amount of Rs. 1,96,545/- which is to be deducted from the final awarded amount which is Rs. 15,00,000/- and the claimant/respondent no. 1 is to receive Rs. 13,03,455/- from the applicants/the insurance company.

¶4Accordingly Mr. Talukdar also agreed the same and submits that the respondent/claimant has already received Rs. 1,96,545/- from the total awarded amount and remaining amount to be paid is Rs. 13,03,455/- out of finally settled amount of Rs. 15,00,000/-.

¶5In view of the above, the order passed in the Lok Adalat dated 14.09.2024 is hereby modified and read as follows:- "ORDER The case is put up before the National Lok Adalat. The Insurance Company is represented by its officials. Page No.# 3/3 The claimant, is duly present along with his engaged counsel, Mr. M. Talukdar. It is submitted that the earlier awarded amount was Rs. 13,19,406/- (Rupees thirteen lakhs nineteen thousand four hundred six) only and after negotiation both the parties are agreed to settle the matter on an amount of Rs. 15,00,000/- (Rupees fifteen lakhs) only as full and final settlement. But, earlier the respondent /claimant received an amount of Rs. 1,96,545/- which is to be deducted from the final awarded amount which is Rs. 15,00,000/- and the claimant/respondent no. 1 is to receive Rs. 13,03,455/- from the applicants/the insurance company. Accordingly, as agreed to by both the parties, the appellant/New India Assurance Company Ltd. is hereby directed to deposit the settled amount of Rs. 13,03,455/- (Rupees Thirteen lakhs Three thousand and Four hundred and Fifty-five) only subject to TDS deduction before the learned MACT, Silchar, within a period of 1 (one) month from today. The claimant will be at liberty to withdraw the amount of Rs. 13,03,455/- (Rupees Thirteen lakhs Three thousand and Four hundred and Fifty-five) only on being proper identification of the claimant's bank details, Aadhar Card, Pan Card etc. Registry shall return the statutory deposited amount, if any, to the Insurance Company. The appeal stands disposed of in terms above."

¶6The review petition is accordingly disposed of.

JUDGE Comparing Assistant