Tamali Dasi & Anr vs The New India Assurance Company ...
2023 Latest Caselaw 6021 Cal

08.09. 2023 item No.7 n.b.

ct. no. 551         RVW 184 of 2023
     in
     FMA 646 of 2009
     With

IA No. CAN 2 of 2009(Old No. CAN 251 of 2009)

Tamali Dasi & Anr.

Vs.

The New India Assurance Company Ltd. & Anr.

Mr. Krishanu Banik, Ms. Sima Ghosh, .....for the applicant.

The instant review application has been filed on

behalf of the claimants only on the ground that at the time

of passing the impugned judgment of this Court dated

July 12, 2023. This Court observed the finding of

constitutional bench of Hon'ble Supreme Court passed in

Pranay Shetty and awarded the future prospects @ 40%

of the yearly income of the deceased. But the other aspect

i.e. general damages as directed by the Hon'ble Supreme

Court in Pranay Shetty was not awarded erroneously.

Learned advocate for petitioners submits that the

error is only arithmetic error, so, that can be corrected by

virtue of this application for review.

Learned advocate for the Insurance Company raised

strong objection and submits that the award has already

been passed by this Court on July 12, 2023 and the

substantial amount as directed by this Court has already

been deposited by the Insurance Company with the office

of the learned Registrar General, High Court, Calcutta. At

this juncture, if the claimant has anything to receive that

may be received by way of appeal before the Hon'ble

Supreme Court. Any enhanced amount of compensation

cannot be awarded by this Court in review application,

thus, the review application is liable to be dismissed with

costs.

Heard the submission of the learned advocate on

behalf of the applicant; peruse the grounds of review

application. The impugned order passed by this Court on

July 23, 2023, wherein it is the observed by this Court in

page 6 that the direction for Hon'ble Supreme Court

passed in Pranay shetty has to be followed in awarding

the compensation. The future prospect was allowed by

virtue of the Pranay Shetty but no award was given

towards the general damages. It is quite justified to note

that the learned Tribunal has awarded general damages of

Rs.4,500/-, which was also noted in the impugned order.

It appears to me that this is an inadvertent mistake and

which can be cured by way of this review application.

Considering the same, it is ordered that the review

application filed and claims are considered and allowed.

The claimants are also entitled to get the general damages

to the tune of Rs.30,000/- towards the head of loss of

state and funeral expenses Rs.15,000/- each.

The Insurance Company is directed to pay the

amount of Rs.30,000/- to the claimants along with 6%

interest per annum from the date of filing of the claim

application with the office of the Learned Registrar

General, High Court, Calcutta within 8 weeks from the

date of passing of this order.

The review application is, thus, disposed of.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

( Subhendu Samanta, J.)