UNITED INDIA INSURANCE CO. LTD., HAVING ITS REGD. OFFICE AT 24, WHITES ROAD, CHENNAI AND ITS REGIONAL OFFICE AT G.S. ROAD, GHY Vs. KHAGEN HALOI AND ORS., S/O LT. KESHAV HALOI, R/O AMIN GAON, GHY DIST KAMRUP, ASSAM

JUDGEMENT

(1.) I have heard Mr. K.K. Dey, learned counsel for the petitioner. Also heard Mr. S.C. Biswas, learned counsel, representing the respondents No. 1 and 2. I have also perused the entire materials on record including the records received from the Tribunal.

(2.) The challenge in the writ petition is the judgment and award dated 30.8.2007 of the learned Additional District & Sessions Judge (FTC), Kamrup, Guwahati passed in MAC Case No. 2033/2003. By the said judgment and award, the respondents have been awarded an amount of Rs. 2,88,500.00 with the rider that the amount would carry interest @ 6% per annum from the date of filing the claim petition. The petitioner i.e. United Insurance Company Limited was to make the payment within 60 days from the date of receipt of the order.

(3.) It will be pertinent to mention here that although the judgment and award was passed on 30.8.2005, but the writ petition was filed after two years thereafter on 19.8.2009. The ground, on which the writ petition has been filed are as follows: