Smt.Pramod Devi vs Balram Singh
2023 Latest Caselaw 18170 MP

                                                             1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        MA No. 74 of 2009
                                        (SMT.PRAMOD DEVI AND OTHERS Vs BALRAM SINGH AND OTHERS)

                          Dated : 31-10-2023
                                Mr. B.D.Verma, Advocate for the appellants.

                                Mr. Arun Sharma, Advocate for respondents No. 1 and 2.

Mr. Kamal S.Rochlani, Advocate for respondent No. 3. Heard on I.A. No. 4052 of 2023, an application for modification of final order dated 07.7.2023 passed in this appeal.

The application is duly supported by the affidavit.

Learned counsel for the respondents have no objection if the application is allowed.

On perusal of record it appears that due to inadvertent mistake, in the order dated 07.7.2023, name of appellant No. 4 "Gyano Devi W/o Late Kaptan Singh, Aged 71 years" has been left out from the array of appellants. Therefore, the same is hereby added in the array of appellants as below "4. GYANO DEVI W/O LATE KAPTAN SINGH, AGED ABOUT 70 YEARS, R/O VILL. BHAISORA, DISTT. MORENA (MADHYA PRADESH)".

Further, it appears that due to inadvertent mistake, in para No. 13 of the

final order, 1/3rd dependency has wrongly been applied in place of 3/4th, therefore, para Nos. 13 and 14 of the final order dated 07.7.2023 are modified as below:

"13. In view of the aforesaid discussion as well as in the light of the case laws of Pranay Sethi (supra) as well as Sarla Verma and Ors. Vs. Delhi Transport Corporation; (2009) 6 SCC 121, considering the annual income of the deceased to be Rs.48,000/-, dependency 3/4th (48000 x 3/4 = 36,000), Signature Not Verified Signed by: ALOK KUMAR Signing time: 11/1/2023 10:18:32 PM

future prospect @ 40% (36000 x 40/100 = 14,400), multiplier of 18 and Rs.70,000/- in other heads, total compensation amount comes to Rs.9,77,200/- [(36000 14400) x 18 70000]. "

"14. As such, the total amount awarded to the claimants is enhanced from Rs.3,69,500/- to Rs.9,77,200/-. The enhanced compensation amount comes to Rs.6,07,700/- (Rs.9,77,200 - Rs.3,69,500/-). The enhanced amount of compensation i.e. Rs.6,07,700/- (Rs. Six Lakh Seven Thousand and Seven Hundred only) shall carry interest as awarded by learned claims tribunal from the date of claim application till realization and shall be payable to the claimants by the Insurance Company in the same apportionment as directed by

the claims tribunal within a period of 12 weeks from the date of production of certified copy of this order. Rest of the award passed by learned claims tribunal shall remain intact."

Rest of the order passed on 07.7.2023 shall remain intact. This order shall be read conjointly with the judgment dated 07.7.2023 passed in this case.

I.A. No. 4052 of 2023 is allowed and disposed of accordingly.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 11/1/2023 10:18:32 PM