Present vs .
2023 Latest Caselaw 287 Tri

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                          HIGH COURT OF TRIPURA
                               AGARTALA

                          REV. PET NO.16 OF 2023

  Sri Bhanu Nath
  Vs.
  New India Assurance Company and ors.

             HON'BLE THE CHIEF JUSTICE (ACTING)

  Present:
  For the Petitioner(s)           : Mr. D.C. Nath, Advocate.

  For the Respondent(s)           : None.

05.04.2023

Order

This present application is filed under Order-47, Rule-1

of the Civil Procedure Code, 1908 for review of the Judgment

and Order dated 28.02.2023 passed by this Court in MFA(EC)

No.02 of 2021.

Mr. D.C. Nath, learned counsel appearing for the

petitioner submits that in Para-14 of the said Judgment and

Order dated 28.02.2023 passed in MFA(EC) No.02 of 2021, it

is specifically stated that the learned Commissioner has

applied Section-4(1)(a) of the Employees Compensation Act,

1923, which is incorrect and the case needs to be treated

under Section-4(1)(c) of the Employees Compensation Act,

1923. In the said paragraph of the Judgment and Order, this

Court assessed 60% of Rs.6,000/- x 192.14 x 80% and if

Section-4(1)(c) of the Employees Compensation Act, 1923 is

taken into consideration, the calculation will be 80% of

Rs.6,000/-x192.14 which is error apparent on the record.

After hearing the learned counsel appearing for the

petitioner and perusing the evidence on record, this Court is

satisfied with the reasons stated in this revision petition and,

accordingly the Judgment and Order dated 28.02.2023 passed

in MFA(EC)02 of 2021 is modified to the extent indicated

herein-below.

In Para-14, lines Nos.6, 7 & 8 of the same judgment,

it is typed as "Sub-section-(1) (c) of the Act, which comes to

60% of Rs.6,000/- x 192.14 x 80% thus, Rs,3,600/- x 192.14

= 6,91,704/- and 80% of Rs.6,91,704/- = Rs.5,53,363.20 P",

the same will be read as "Sub-section-(1) (c) of the Act, which

comes to 80% of Rs.6,000/- x 192.14 = Rs.4,800 x 192.14=

Rs.9,22,272/-"

Similarly, in Para-14, lines Nos.12 and 13 i.e. the 2nd

last line and last line of the said Para-14 of the judgment, it is

typed as "Rs.6,31,355. Thus, the total compensation would be

Rs.6,31,355 + Rs.5,53,363 = Rs.11,84,718/-", the same

would be read as "Rs.6,31,355. Thus, the total compensation

would be Rs.6,31,355/- + Rs.9,22,272/- = Rs.15,53,627/-"

With the said observation and direction, this present

review petition is allowed to the extent indicated here-in-

above and thus disposed of.

CHIEF JUSTICE (ACTING)

suhanjit