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2025 DAILYLAW 32014 (CHH)

THE NEW INDIA ASSURANCE CO. LTD. v. SMT. SANESHIYA MAHANT

REVP/179/2025 · 2025-07-23

Shri Ravindra Kumar Agrawal

Review Petitionbody2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 179 of 2025 1 - The New India Assurance Co. Ltd. Through Branch Manager Sada Complex, T.P. Nagar, Korba, District- Korba Chhattisgarh. (Insurance Co.) (Respondent No. 3) ... Petitioner(s) versus 1 - Smt. Saneshiya Mahant Wd/o Late Chamra Das Aged About 50 Years R/o Village- Basidar P.S. And Tahsil Pali, District- Korba Chhattisgarh (Claimants), District- Korba, Chhattisgarh (Appellant) 2 - Sanjay Kumar Yadav S/o Rajendra Yadav Aged About 32 Years R/o Transport Nagar Magazinebhata Pump House Korba District- Korba Chhattisgarh. (Driver) District- Korba, Chhattisgarh. 3 - Subodh Kumar Singh S/o K.P. Singh R/o Q.No. 2a/2 Shahid Bhagat Singh Korba District- Korba Chhattisgarh. (Owner) ... Respondent(s) For Petitioner(s) : Mr. Qamrul Aziz, Advocate. For Respondent No.1 : Mr. Karan Kumar Baharani, Advocate, on advance copy. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 24/07/2025 1. Heard on I.A. No. 01/2025, which is an application for condonation of delay in filing the present review petition. ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.07.25 11:20:28 +0530 2 2. Learned counsel for the respondent would submit that he has no objection in condoning the delay of the application. 3. Considering the submissions made by learned counsel for the parties and for the reasons mentioned in the application the I.A. No. 01/2025 is allowed. 4. The delay in filing the review petition is condoned. 5. Learned counsel for the petitioner would submit that the respondent No.1 has filed the MAC No. 664/2019 for enhancement of the compensation amount which was decided on 11.03.2025 and the compensation awarded to the claimant was re-computed but there is an arithmetical mistake in total amount of compensation. After calculation of the compensation amount in Para -17 of the impugned order the total compensation comes to Rs. 13,47,460/- whereas due to arithmetical mistake the total shown to Rs. 13,77,640/- and further the entitlement of additional amount of the claimant is also comes to Rs. 7,13,820/- in place of Rs. 6,83,820/- which comes in Para 18 of the order, therefore, the same may be modified to that extent. 6. On the other hand, learned counsel for the respondent No.1 has no objection in modification/review of the impugned order to that extent that total amount of compensation be read as Rs. 13,47,640/- in place of Rs. 13,77,640/- and accordingly entitlement of the enhanced amount to the claimant. 7. Accordingly, the review petition is allowed to that extent that in Para 17 and 18 the total amount of compensation be read as Rs. 13,47,640/- in place of Rs. 13,77,640/- and the entitlement of the amount of Rs. 7,13,820/- comes in Para-8 of the order be read as Rs. 6,83,820/-. The rest of the conditions are remained intact. 3 8. The copy of this order be placed in the record of MAC No. 664/2019 and be read as a part of the order dated 11.03.2025. 9. With the aforesaid observation, the present review petition is allowed. Sd/- (Ravindra Kumar Agrawal) Judge Alok