Mary Jerang vs National Insurance Co Ltd And 3 Ors
2023 Latest Caselaw 2354 Gua

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GAHC010007032023




                          THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                             Case No. : I.A.(Civil)/110/2023
                            In MAC Appeal No. 285 of 2016

             MARY JERANG
             W/O LATE TAGOM JERANG, R/O VILL. MAPUNG, P.S. RUMGONG, DIST.
             EAST KAMENG, ARUNACHAL PRADESH.

             VERSUS

             NATIONAL INSURANCE CO LTD and 3 ORS
             TINSUKIA DIVISIONAL BRANCH, DIST. TINSUKIA, ASSAM,PIN

             2:JATIN DUWARAH OWNER
              S/O SRI SUREN DUWARAH
             VILL. SIPURIA
              DIST. TINSUKIA
             ASSAM PIN

             3:SURESH KUMAR DRIVER
              S/O LATE JOGENDRA KUMAR
             VILL. TAMULBARI
              DIST. TINSUKIA ASSAM

Advocate for the Petitioner : MR.S P CHOUDHURY
Advocate for the Respondent : MS S ROY (r-1)



                                      BEFORE
                   HON'BLE MRS. JUSTICE MALASRI NANDI
                                       ORDER

05.06.2023 Heard Ms B Devi, learned counsel for the applicant and Ms S Roy, learned counsel Page No.# 2/3

for the respondent/Insurance Company.

This is an application filed by the applicant/appellant, Smt Mary Jerang under Section 152 CPC, praying for modification/alteration of the Judgment and order dated 30.09.2022, passed by this Court in MAC Appeal No. 285 of 2016. It is submitted by the learned counsel for the applicant/appellant that in the said judgment, in paragraph No. 34, while deducting one-third of the income of the deceased, inadvertently an arithmetical error has occurred as under:-

"A. Annual income of the deceased- Rs. 16,500/- x 12 = Rs. 1, 98,000/- B. After deducting one-third of the income of the deceased, the amount comes to- Rs. 66,000/-

It is further submitted by the learned counsel that in Column B of the Judgment, in place of the amount, "Rs. 66,000/-", the exact amount, after deduction of one-third of the income of the deceased should have been "Rs. 1,32,000/-". Learned counsel for the respondent/Insurance Company has also made no objection on the correct computation of compensation.

Hence, the correct computation of the compensation would be as follows:-

"A.Annual income of the deceased- Rs. 16,500/- x 12 = Rs. 1, 98,000/-

B. After deducting one-third of the income of the deceased, the amount comes to- Rs. 1,98,000/- - Rs. 66,000/- = Rs. 1,32,000/- C. After multiplied with multiplier, the amount comes to Rs. 1,32,000/- x 17= Rs. 22,44,000/-.

D. Funeral expenses = Rs. 16,500/-

E. Loss of Consortium = Rs. 44,000/-

F. Loss of Estate = Rs. 16,500/-

________________________________________________ Total - Rs. 23,21,000/- (Rupees Twenty-Three Lacs Twenty-One Thousand) only."

The Judgment and Order dated 30.09.2022, passed in MAC Appeal No. 285 of 2016, stands corrected to the extent, as indicated above.

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Interlocutory Application stands disposed of. This order shall form a part of the Judgment and Order dated 30.09.2022, passed in MAC Appeal No. 285 of 2016.

JUDGE

Comparing Assistant