Laxmi Rani Paul (Deb Roy) & Ors vs The National Insurance Company Ltd. & ...
2024 Latest Caselaw 1248 Tri

Tripura High Court

Laxmi Rani Paul (Deb Roy) & Ors vs The National Insurance Company Ltd. & ... on 24 July, 2024

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

                          HIGH COURT OF TRIPURA
                                 AGARTALA
                              IA NO.02 OF 2024
                          In Mac. App. No.103 of 2023

 Laxmi Rani Paul (Deb Roy) & Ors.                             Applicant(s)

                                      Versus

 The National Insurance Company Ltd. & Ors.                  Respondent(s)

 For Applicant(s)           :     Mr. Samarjit Bhattacharjee, Advocate

 For Respondent(s)          :     Mr. R. Saha, Advocate.


             HON'BLE MR. JUSTICE T. AMARNATH GOUD

                                     ORDER

24.07.2024

This is an application filed under section 152 of the CPC for

correction of the typographical error/mistake crept in Judgment and order (oral)

dated 21.06.2024, passed in Mac Appeal No. 103 of 2023.

Therefore, the correction as suggested in page no. 4 of the

accompanying affidavit is to be followed:-

"To be corrected - "Rs. 11,200 x 12 x 11= Rs.14,78,400/-

(Rupees fourteen lakhs seventy eight thousand and four hundred) only" & in

place thereof :

To be inserted - " Rs. 11,200 x 12 x 16 = Rs. 21,50,400/-

(Rupees twenty one lakhs fifty thousand and four hundred) only"-

requires.

As per the correction made in this Interlocutory Application, the

fresh calculation would be:-

                           Head                           Amount
              Funeral Expenses                 Rs.18,000/-
              Loss of Consortium               Rs.1,00,000/-
              Loss of love and affection to    Rs.88,000/-
              aged parents (Mother and son)
              Loss of estate                   Rs.15,000/-
              Litigation costs                 Rs.25,000/-
              Total                            Rs,2,46,000/-

Hence, the total amount comes to Rs. 21,50,400/- (Loss of

dependency) +Rs. 2,46,000/- = Rs. 23,96,400/-.

Therefore, the claimants are entitled to get a sum of Rs.

23,96,400/- as total compensation which is to be paid by the Insurance

Company instead of Rs.17,24,400/- along with 7.5% interest per annum with

effect from the date of the presentation of the claim petition till the date of

actual payment.

It is also seen from the Judgment and Order dated 21.06.2024,

there is a typographical error in para-9 of the Judgment and Order, which reads

as "Love of estate". This "Love of estate" shall be read as "Loss of estate".

Accordingly, both the errors stand corrected.

This order shall form part of the order dated 21.06.2024 passed

in the connected appeal.

With the above observation and direction, the present

interlocutory application stands allowed and thus disposed of.

                                                                             JUDGE




   Paritosh


SABYASACHI Digitally signed by
           SABYASACHI GHOSH

GHOSH      Date: 2024.07.26 16:16:04
           +05'30'