SHIRAM GENERAL INSURANCE COMPANY LIMITED v. HEERA SINGH SAHU
MCC/1124/2025 · 2025-11-06
Shri Parth Prateem Sahu
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47690 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47690 (CHH) · dailylaw.ai ]
Judgment text
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2025:CGHC:54324 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC
No.
1124
of 2025
(Arising out order passed in MAC No. 1797 of 2019 on 09.07.2025) • Shiram General Insurance Company Limited E/8, E.P.I.P. Rico Industrial Area, Sitapur, Jaipur (Rajsthan) 302033, Branch Office- Raipur, Banstal Road, Millennium Plaza T.F. 27, Distt. Raipur, Chhattisgarh.
... Applicant/ Respondent No. 3 versus
1. Heera Singh Sahu S/o Domar Sahu Aged About 51 Years R/o Village Raveli, P.S. And Tahsil Patan, Distt. Durg, Chhattisgarh.
2. Smt. Rekha Sahu W/o Heera Singh Sahu Aged About 47 Years R/o Village Raveli, P.S. And Tahsil Patan, Distt. Durg, Chhattisgarh. ….Appellants
3. Ramnarayan Singh Rajput S/o Sadhu Singh R/o Village Bhimpuri, Post Udaypur, P.S. Chhuikhadan, Distt. Rajnandgaon Chhattisgarh (Driver Of Vehicle Bearing Truck No. CG 07/ZC/2174)….. Resp. No. 1
4. Ramji Bharti S/o Shivnand Bharti R/o A.C.C. Main Gate Rajiv Nagar, Jamul, Bhilai, Tahsil And Distt. Durg, Chhattisgarh (Owner Of Vehicle Bearing Truck No. CG 07/ZC/2174)….. Resp. No. 2 ... Respondents For Applicant : Mr. Sourabh Sharma, Advocate For Respondents No. 1 & 2 : Mr. Abhinav Tiwari, Advocate on behalf of Mr. Manish Upadhyay, Advocate Hon'ble Shri Parth Prateem Sah
t u, Judge
ORDER ON BOARD 07/11/2025
1. This MCC is filed seeking modification of impugned judgment dated 09.07.2025 passed in MAC No. 1797 of 2019. PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA
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2.
Learned counsel for applicant submits that in the impugned judgment deduction towards personal and living expenses has been applied as 1/4 instead of 1/2. He contended that in the body of the order it has come that appellants/claimants are parents of deceased and further in para-9 of the
judgment it is considered that the Tribunal has computed the compensation by deducting 50% considering the deceased to be unmarried. However, while computing compensation deduction of 1/4 instead of 1/2 is applied due to typographical error.
3. Submission made by learned counsel for applicant is not opposed by learned counsel for non-applicants/ claimants.
4. Considered the submission of learned counsel for the parties. From perusal of the order passed in MAC No. 1797 of 2019, it is prima facie appearing that due to typographical error while computing the compensation deduction towards personal and living expenses has been applied as 1/4 instead of 1/2 and therefore I find it appropriate to allow this MCC and it is ordered that the deduction towards personal and living expenses be read as 1/2 instead of 1/4. Therefore, deduction as mentioned in para-14 of order dated 09.07.2025 be read as 1/2 instead of 1/4. It is ordered accordingly.
5. Further, in clause-D of the computation chart amount of ₹ 45,000 during applying multiplier has wrongly been typed due to typographical error.
6. For the foregoing, amount of compensation is recomputed taking appropriate deduction of 1/2 towards personal and living expenses in clause -C and thereafter taking correct amount in clause-D which is as under. Heads Compensation A. Annual Loss of income/ dependency = ₹ 48,000/- (₹ 4000x12) B. Addition towards loss of future prospects @ 40% (₹ 48,000 + 40% of ₹ 48,000 = ₹ 67,200) C. Deduction of 1/2 towards personal and living expenses (₹ 67,200 x 1/2 = ₹ 33,600) D. Multiplier of 18 ₹ 33,600 x 18 = ₹ 6,04,800/- ₹ 6,04,800/-
3 / 3 Loss of Filial consortium of ₹ 40,000 each to Appellants No. 1 & 2 (₹ 40,000 x2) ₹ 80,000/- Loss of estate ₹ 15,000/- Funeral Expenses ₹ 15,000/- Total ₹ 7,14,800/-
7. Now the total compensation to be awarded to the claimants will be ₹ 7,14,800/- instead of ₹ 10,17,200.
8. Amount of compensation of ₹ 10,17,200 as appearing in para-15 of the order dated 09.07.2025 be read as ₹ 7,14,800/-.
9. The impugned judgment is modified accordingly.
10. It is directed that this order shall also be made part of the record of appeal MAC No. 1797 of 2019. Sd/- (Parth Prateem Sahu) pwn
JUDGE