United India Insurance Company ... vs Smt. Leena
2021 Latest Caselaw 3201 Chatt

                                          1

                                                                              NAFR
                 HIGH COURT OF CHHATTISGARH, BILASPUR


                                   M.C.C No.631 of 2021


   United India Insurance Company Limited Through Regional Manager,
   Address- Kachhari Chowk, Raipur, Tahsil And District Raipur Chhattisgarh.
   Non Aplicant No. 3/insurance Company/ Insurer Of Vehicle No. C.G. 07 E
   1386, District Raipur Chhattisgarh.                         --- Applicant
                                       Versus
1.

Smt. Leena W/o Late Hitendra Verma, Aged About 28 Years R/o Village Aheri, P.O. Dhor, Thana Nandini, Tahsil Dhamdha, District Durg Chhattisgarh

2. Bihari Lal, S/o Late Jagdish Prasad Verma, Aged About 54 Years R/o Village Aheri, P.O. Dhor, Thana Nandini, Tahsil Dhamdha, District Durg Chhattisgarh.

3. Smt. Sunita W/o Bihari Lal Verma Aged About 27 Years R/o Village Aheri, P.O. Dhor, Thana Nandini, Tahsil Dhamdha, District Durg Chhattisgarh.

4. Tatwik S/o Bihari Lal Verma Aged About 27 Years R/o Village Aheri, P.O. Dhor, Thana Nandini, Tahsil Dhamdha, District Durg Chhattisgarh

5. Pradip Kumar S/o Manbodh Sahu, Through Anup Yadav R/o Motipara, Near Sharda Talkies, Durg, Tahsil And District Durg Chhattisgarh. Pin 491001 Non Applicant No. 1/ Driver Of Vehicle No. C.G. 07 E 1386, Chhattisgarh.

6. Anup Yadav S/o Shri Jugal Kishore Yadav, R/o. Motipara, Near Sharda Talkies, Durg, Tahsil And District Durg Chhattisgarh. Pin 491001.......Non Applicant No. 2/ Owner Of Vehicle No. C.G.07 E 1386, Chhattisgarh

---Non-Applicants

For Applicant: Shri Dashrath Gupta, Advocate.

For Non-Applicants No.1 to 4: Shri Arvind Shrivastava, Advocate.

For Non-Applicants No.5 & 6: None.

Single Bench: Hon'ble Shri Deepak Kumar Tiwari, J Order on Board

17.11.2021

1. The matter is listed for orders on default, as pointed out by the Registry.

2. Upon due consideration, the same is ignored.

3. This M.C.C has been filed for modification of the judgment pronounced

on 09.11.2021 passed in M.A(C) No.521 of 2016.

4. It is submitted by Shri Gupta that in the last page of the judgment, the

table pertaining to the calculation of the compensation has an error wherein,

the column of calculation against the Head "Total" showing "Rs.

10,04,06,000/-" should have been "Rs.1,04,06,000/-", the column next to it

against the Head "Deduction 50% for Contributory Negligence" showing

"Rs.5,02,03,000/-" should have been "Rs.52,03,000/-" followed by the last

Head "Enhanced Amount" showing "Rs.5,02,03,000/- - 5,01,07,8000" should

have been "Rs.52,03,000/- - 51,78,000/-". He, therefore, prays that the said

error may be rectified/modified accordingly.

5. On due consideration of the reasons assigned therein and further

considering the fact that the said error has occurred due to inadvertence, the

same is allowed and the judgment pronounced on 09.11.2021 passed in

M.A(C) No.521 of 2016 is hereby modified.

6. Accordingly, it is directed that in the last page of the judgment

pronounced on 09.11.2021 passed in M.A(C) No.521 of 2016, in the table

pertaining to the calculation of compensation, the column of calculation

against the Head "Total" showing "Rs. 10,04,06,000/-" shall be read as

"Rs.1,04,06,000/-", the column next to it against the Head "Deduction 50% for

Contributory Negligence" showing "Rs.5,02,03,000/-" shall be read as

"Rs.52,03,000/-" followed by the last Head "Enhanced Amount" showing

"Rs.5,02,03,000 - 5,01,07,8000" shall be read as "Rs.52,03,000/- -

51,78,000/-" henceforth.

7. Accordingly, the instant M.C.C stands disposed of with the aforesaid

modification. Sd/-

(Deepak Kumar Tiwari) JUDGE Priya