S.Anuradha vs M/S.General Connectors India Pvt. Ltd
2024 Latest Caselaw 18552 Mad

Citation : 2024 Latest Caselaw 18552 Mad
Judgement Date : 20 September, 2024

Madras High Court

S.Anuradha vs M/S.General Connectors India Pvt. Ltd on 20 September, 2024

Author: R.Hemalatha

Bench: R.Hemalatha

                                                                                 Rev. Appl.No.242 of 2024
                                                                                 in C.M.A.No.1657 of 2024


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 20.09.2024

                                                           CORAM:

                                  THE HONOURABLE MRS.JUSTICE R.HEMALATHA

                                             Review Application No.242 of 2024
                                                 in C.M.A.No.1657 of 2024

                     1. S.Anuradha
                     2. K.Sivakumar
                     3. S.Muralidharan                                            ... Appellants
                                                             vs.

                     1. M/s.General Connectors India Pvt. Ltd.,
                        No.306, Cuddalore Road, Mudaliarpet,
                        Mouruungapakkam, Pondicherry - 605 004.

                     2. TATA AIG General Insurance Company Limited,
                        2nd Floor, Samson Towers,
                        No.403, L, Pantheon Road,
                        Egmore, Chennai - 600 008.                                ...Respondents

                     PRAYER: Review Application filed under Order 47 Rule 1 read with 114
                     of Civil Procedure Code, 1908, to review the Judgement passed in
                     C.M.A.No.1657 of 2024, dated 05.08.2024.



                                    For Appellants     :    Mr.K.Ayyadurai

                                    For R2             :    Mr.J.Michael Visuvasam



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                                                                                    Rev. Appl.No.242 of 2024
                                                                                    in C.M.A.No.1657 of 2024




                                                         ORDER

The Review application is filed seeking to rectify the calculation

error which crept in while computing compensation in C.M.A.No.1657 of

2024.

2. This Court in C.M.A.No.1657 of 2024 while enhancing the

compensation awarded by the Tribunal had wrongly deducted 10% of

contributory negligence on the part of the rider of the deceased and the

same is corrected in the present application as shown in the following

tabular column:

S.No Description Amount awarded Amount Award by Tribunal awarded by confirmed or (Rs) this Court enhanced or (Rs) granted or reduced

1. Loss of 22,68,000 25,70,400 Enhanced Dependency

2. Loss of Estate 15,000 15,000 confirmed

3. Loss of 80,000 80,000 confirmed Consortium (Rs.40,000/-

(each) x 2)

4. Funeral 15,000 15,000 confirmed Expenses

5. Transport 10,000 10,000 confirmed

https://www.mhc.tn.gov.in/judis

S.No Description Amount awarded Amount Award by Tribunal awarded by confirmed or (Rs) this Court enhanced or (Rs) granted or reduced Charges Total Rs.23,88,000/- Rs.26,90,400/- Enhanced by after deducting Rs.5,40,400/-

90% contributory negligence, it comes to 21,49,200 rounded off to 21,50,000

3. In the result,

i. The Review Application is allowed. No costs.

ii. The orders passed by Tribunal fixing 10% contributory negligence

on the part of the deceased is set aside.

iii. Registry is directed to rectify the error which crept in the Judgment

dated 05.08.2024 in C.MA.No.1657 of 2024 and issue fresh order

copy.

https://www.mhc.tn.gov.in/judis

iv. Thus the correct compensation awarded is Rs.26,90,400/- and not

Rs.24,21,360/-.

v. The other terms and conditions remain the same.