ALALA DUTTA BARUAH Vs. NEW INDIA ASSURANCE COMPANY LTD.

JUDGEMENT

(1.) By this application under Article 227 of the Constitution of India, the petitioner is seeking modification, rectification and alteration of a judgment and order dtd. 10/8/2009, passed by the earlier Jurisdictional High Court in M.A.C. Appeal No. 6(SH) of 2008.

(2.) It is submitted by Mr. S.P. Mahanta, learned Senior counsel assisted by Mr. D. Dkhar, learned counsel for the petitioner that this prayer is sought in view of the fact that the Tribunal by order dtd. 3/5/2024, while considering the matter of release of the balance amounts, which has been deposited by the Insurance Company as compensation, could not be released, in view of the operation and directions contained at Para ' 8 of the judgment dtd. 10/8/2009, wherein, it was stipulated that on the appearance of the owner, the insurer was to deposit the balance amount, which was then to be released by the Tribunal to the claimant, after the said owner furnished security to the satisfaction of the Tribunal.

(3.) The learned Senior counsel then submits that the owner had appeared before the Tribunal, but however, was not in a position to furnish the security as directed due to financial constraint, and that further the owner had also filed an application before the Court below for declaration of insolvency. It is further submitted that the petitioner was compelled to file the instant petition, as a mercy petition, in view of advancing age of the petitioner for directions that the balance amounts be released to the writ petitioner sans the requirement as directed in the order dtd. 10/8/2009. The learned Senior counsel prays that some latitude be given and the order dtd. 10/8/2009, be altered to recall this requirement and consequently to direct the respondent Insurance Company to release the amount to the petitioner/claimant.