The New Indian Insurance Company vs Sh. Ravinder Kumar Mittal
2021 Latest Caselaw 3920 HP

     IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                ON THE 13th DAY OF AUGUST, 2021
                           BEFORE




                                                      .

          HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN

              REVIEW PETITION NO.7/2020





    BETWEEN:­

    THE NEW INDIAN INSURANCE COMPANY,





    THROUGH ITS DIVISIONAL MANAGER,
    3 FLOOR, BLOCK 7, SDA COMPLEX,
    KASUMPTI, SHIMLA­9                ....PETITIONER
    (BY MR. PRANEET GUPTA, ADVOCATE)


    AND

    1.    SH. RAVINDER KUMAR MITTAL,
          S/O SH. HARI CHAND MITTAL,



          C/O AGGARWAL MERCHANTS PRIVATE LIMITED,
          LOWER BAZAR SOLAN, DISTRICT SOLAN, H.P.
          TEHSIL & DISTRICT SOLAN, H.P.




    2.    SH. RATTAN CHAND PAL, S/O SH. DAULAT RAM,
          R/O SHOP NO.24, SABZI MANDI SOLAN,





          DISTRICT SOLAN, H.P., OWNER­CUM­DRIVER
          OF   VEHICLE   THAT     IS SCORPIO    BEARING
          REGISTRATION NO. HP­11A­0024    ...RESPONDENTS





    (MR. P.S. GOVERDHAN, ADVOCATE, FOR R­1
    MR. PEEYUSH VERMA, ADVOCATE, FOR R­2)




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                                                                            .
                  This petition coming on for orders this day, the Court





    passed the following:





                                        ORDER

Heard. There is an error apparent on the face of the

record, therefore, the instant petition is allowed and

consequently, the compensation awarded by this Court in FAO

No.464/2012 vide judgment dated 5.12.2019, after taking into

account the effect and impact of the disability of the claimant to

be 10% on his earning capacity, is modified as follows:

Compensation awarded by this Court Compensation modified by this Court in FAO No.464/2012 in Review Petition No.7/2020 Pecuniary damages: Pecuniary damages:

Medical Expenses:1,45,210/- Medical Expenses:1,45,210/- Attendant Charges: Rs.10,000/- Attendant Charges: Rs.10,000/-

Loss of earning during the period of Loss of earning during the period of treatment: Rs.30,000/- treatment: Rs.30,000/-

Loss of Future earning on account of Annual income: (Rs.3,00,000/-

    permanent disability, after awarding an      Established income + 75,000/- addition
    addition of 25% of the established           of 25% towards future earning) =
    income: Rs.10,50,000/-.                      Rs.3,75,000.

                                                 Loss of Future earning on account of

permanent disability to the extent of 10%, after applying multiplier of 14 :

(37500 x 14) = Rs.5,25,000/-

Non-pecuniary damages for pain and Non-pecuniary damages for pain and sufferings: Rs.30,000/- sufferings: Rs.30,000/- Loss of pleasure of life: Rs.50,000/- Loss of pleasure of life: Rs.50,000/-

.

Total: Rs.13,15,210/- along with interest Total: Rs.7,90,210/- along with interest @

@ 9% per annum from the date of filing 9% per annum from the date of filing of of the claim petition till its realization on the claim petition till its realization on the the upaid amount only. upaid amount only.

                                                             (Tarlok Singh Chauhan)





                                                                     Judge
    13.8.2021
     (pankaj)              r