Gauhati High Court
I.A.(Civil)/3118/2026 of MOMATAZ BEGUM AND ORS Vs THE IFFCO TOKIO GENERAL INSURANCE CO LTD on 15 September 2026
GAHC010185612026 2026:GAU-AS:13704 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3118/2026 MOMATAZ BEGUM AND ORS W/O- LATE- HELAL UDDIN KHAN, AGED ABOUT 55 YEARS, R/O VILLBHATKUCHI, P.O.- BHATKUCHI, P.S.- BARPETA, DIST.- BARPETA,
GAHC010185612026
2026:GAU-AS:13704
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3118/2026
MOMATAZ BEGUM AND ORS
W/O- LATE- HELAL UDDIN KHAN, AGED ABOUT 55 YEARS, R/O
VILLBHATKUCHI, P.O.- BHATKUCHI, P.S.- BARPETA, DIST.- BARPETA, ASSAM, PIN-781314.
2: ROZINA KHANAM
D/O-LATE- HELAL UDDIN KHAN
AGED ABOUT 35 YEARS
R/O VILLBHATKUCHI
P.O. BHATKUCHI
P.S.- BARPETA
DIST.- BARPETA
ASSAM
PIN -781314.
3: MEHBUB KHAN
S/O- LATE- HELAL UDDIN KHAN
AGED ABOUT 33 YEARS
R/O VILLBHATKUCHI
P.O. BHATKUCHI
P.S.- BARPETA
DIST.- BARPETA
ASSAM
PIN.- 781314.
4: SULTANA REZIA
D/O- LATE- HELAL UDDIN KHAN
AGED ABOUT 25 YEARS
R/O VILLBHATKUCHI
P.O. BHATKUCHI
P.S.- BARPETA
DIST. BARPETA
ASSAM
PIN -781314.
5: KHAN FARUK ABDULLAH
S/O- LATE- HELAL UDDIN KHAN
AGED ABOUT 19 YEARS
R/OVILL- BHATKUCHI
P.O.- BHATKUCHI
P.S.- BARPETA
DIST. BARPETA
ASSAM
PIN- 781314
VERSUS
THE IFFCO TOKIO GENERAL INSURANCE CO LTD
ADITYA TOWER, 1B, 1ST FLOOR G.S. ROAD, DISPUR, GUWAHATI- 781006
INSURER OF THE VEHICLE NO. AS - 01- GC- 8526 TRUCK, VIDE POLICY
NO. 1-1ECZ7U7C, VALID UP TO 11/05/2021.
Advocate for the Petitioner : DR. R HOQUE, MR R ALI,MR. H A AHMED
Advocate for the Respondent : ,
BEFORE
HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER
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ORDER
16.09
. 2026 Heard Mr. R. Ali, learned counsel appearing for the appellant.
2. The instant application has been filed praying for modification/ clarification of the judgment and order dated 11.08.2026 passed by this Court in MAC Appeal No. 416/ 2023.
3. It is the submission of the learned counsel for the applicants that the husband/father of the applicants met with a motor vehicle accident on 12.03.2021 and passed away as a result of the said accident.
4. The case was registered at Barpeta P.S. Case No. 610/2021 and the applicants subsequently filed an application under Section 166 of the M.V Act claiming compensation before the MACT, Barpeta, which was registered as MAC Case No. 368/2021.
5. The learned MACT after hearing the parties passed the judgment and order dated 06.10.2023, whereby an amount of Rs. 20, 30, 616/- was awarded to the claimants as compensation with an interest @ of 9 % per annum from the date of filing the case till the date of realization.
6. Being aggrieved with the judgment and order dated 06.10.2023 in MAC Case No. 368/2021 passed by the MACT, Barpeta, the appellants preferred an appeal which was registered as MAC Appeal No. 416/2023 praying for enhancement of the compensation.
7. After hearing the parties, this Court disposed of the MAC Appeal No. 416/2023 vide judgment and order dated 11.08.2026 modifying the amount and enhancing it to Rs. 21, 25, 616/- and directed the respondents to deposit the modified awarded amount before the Tribunal within 6 (six) weeks.
8. However, the learned counsel submits that this Court had not made any observation regarding the payment of interest along with the awarded amount.
9. Hence, the instant application has been filed with a prayer to modify the judgment and order dated 11.08.2026 and to direct the opposite party/insurance company to pay interest, as per the order dated 06.10.2023 passed in MAC Case No. 368/2021.
10. This Court has perused the pleadings and considered the submission of the learned counsel.
11. This Court has also perused the judgment and order dated 11.08.2026 passed in MAC Appeal No. 416/2023 and is of the view that the percentage of interest to be paid on the awarded amount has not been specified in the judgment. Accordingly, the judgment and order dated 11.08.2026 passed in MAC Appeal No. 416/2023 is modified to the extent that the enhanced compensation amount shall carry simple interest of 9 % p.a, on the entire compensation amount from the date of filing the case i.e, 22/10/2021 till the date of realization.
12. The direction of the learned Tribunal to pay additional interest @ 10% per annum, in the event of not depositing the awarded amount within the time limit is set aside.
13. With the above modification and clarification the application stands disposed of. JUDGE Comparing Assistant