The Branch Manager vs Mostt. Shushila Kunwar
2025 Latest Caselaw 5760 Jhar

Citation : 2025 Latest Caselaw 5760 Jhar
Judgement Date : 12 September, 2025

Jharkhand High Court

The Branch Manager vs Mostt. Shushila Kunwar on 12 September, 2025

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

                                                                 2025:JHHC:27982



IN THE HIGH COURT OF JHARKHAND AT RANCHI
           C.M.P. No. 792 of 2025

The Branch Manager, The New India Assurance Company Limited, at Rajdhani
Building, Dharamshala Road, Daltonganj, P.O. & P.S.- Daltonganj, Dist.-
Palamau represented through its Divisional Office No. 1, P.P. Compound, P.O.-
Ranchi, P.S.-Chutia, Dist.-Ranchi                 .....  ....   Petitioner
                               Versus
1. Mostt. Shushila Kunwar, W/o Late Ramesh Prasad
2. Nitesh Kumar, S/o Late Ramesh Prasad
3. Mukesh Kumar, S/o Late Ramesh Prasad
4. Alok Kumar, S/o Late Ramesh Prasad
5. Neha Kumari, D/o Late Ramesh Prasad
Respondent Nos. 4 and 5 being minors are represented by their Mother and
natural guardian Mostt. Shushila Kunwar, All R/o Village-Kajpa, P.Ο.-Jakhim,
P.S.- Rafiganj, Dist.-Aurangabad (Bihar)
6. Ashutosh Kumar Mishra, S/o Sudarshan Mishra, R/o VillageSahijana, Near
the house of Bhola Pathak, P.O., P.S. & Dist.-Garhwa (Owner of the vehicle)
7. Bhar Dwaz Tiwary, S/o Late Kunj Bihari Tiwary, R/o Village-Barka Gawan,
P.O.-Rajwadih, P.S.-Daltonganj, Dist.-Palamau (Driver of the vehicle)
                                            ...      ....     Opposite Parties

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

For the Petitioner              : Mr. Manish Kumar, Advocate
For the Opposite Parties        : Mr. Suraj Singh, Advocate
                        ------

Order No. 04 / Dated : 12.09.2025.

1. Learned counsel appearing on behalf of the petitioner seeks permission to correct the provision of law in the cause title of the present civil miscellaneous petition as the same has been filed under Section 151 of CPC which should be under Section 152 of CPC.

2. Accordingly, permission is accorded.

3. The instant civil miscellaneous petition has been filed for making correction in calculation of compensation amount in the Judgment dated 04.03.2025.

4. It is submitted by the learned counsel for the petitioner that the admitted case of the claimant was that deceased had a monthly income of Rs.13,518/- for which salary slip (Ext-14) was filed before the learned Tribunal and the same was accepted before the learned Court below. After taking 30% as the future prospect, his monthly income works out to Rs. 18,000/- per month.

5. In the Judgment, instead of taking Rs.13,518/- as the monthly income, inadvertently Rs. 18,000/- has been taken as the monthly income and further 30% has been added as the future prospect on it.

6. Learned counsel appearing on behalf of the claimant do not dispute the 2025:JHHC:27982

factual assertion made on behalf of the Insurance-Company.

7. Having considered the submissions on behalf of both sides and on perusal of the impugned award, I find merit for modification to the extent that the compensation will be worked out taking Rs. 13,518/- as the monthly income and not Rs. 18,000/-. Error is arithmetical in nature and therefore, needs modification.

8. Taking Rs. 13,518/- as the monthly income, the final compensation will work out as under:

Monthly Income of the deceased Rs.13,518/-

           Monthly Income + 30% future            Rs. 18,000
           prospect
           Annual Income + Future prospect        Rs. 2,16,000/-
           1/4th deduction towards living and     2,16,000-54000=
           personal expense                       Rs.1,62,000/-
           Multiplier of 14 as the age of the     Rs. 22,68,000/-
           deceased was 45 years at the time of
           accident
           Conventional head                      Rs.77,000/-
           Total                                  Rs. 23,45,000/-