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2025 DAILYLAW 50802 (CHH)

THE ORIENTAL INSURANCE COMPANY LIMITED v. SURAJ BAI

MCC/1019/2025 · 2025-10-09

Shri Amitendra Kishore Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:50743 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 1019 of 2025 The Oriental Insurance Company Limited Branch Office, Korba, District Korba (C.G.) ... Applicant versus 1 - Suraj Bai W/o Late Loharam Sahu Aged About 60 Years Caste Teli, R/o Village Lachhanpur, Tahsil Janjgir, District Janjgir-Champa (C.G.) 2 - Babulal Thakur S/o Devi Prasad Thakur Aged About 60 Years R/o Village Bhanshanaka, Jhansi Road, Banaket, District Sagar M.P. At Present Address Shanti G.D. Ispat And Power Private Limited, Champa, Tahsil And Police Station Champa, District Janjgir-Champa (C.G.) (Non Applicant No.1) 3 - The Director Shri Anand Khemka Shanti G.D. Ispat And Power Pvt. Ltd. Champa, Address Mahuda Tahsil Champa District Janjgir-Champa (C.G.) (Non Applicant No.2) ... Respondents _____________________________________________________________ For Applicant : Mr. Anil Gulati, Advocate For Respondents : Mr. Basant Dewangan, Advocate _____________________________________________________________ Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 10.10.2025 1. This MCC has been filed by the applicant for seeking modification in judgment dated 09.06.2025 in MAC No. 1250/2017. 2. Learned counsel for the applicant submits that the amount of compensation of Rs. 7,35,000/- has been awarded by the learned Claims Tribunal and if Digitally signed by AMIT PATEL 2 the amount of total compensation i.e., Rs. 10,13,880/- and the amount awarded by the learned Claims Tribunal i.e., Rs. 7,35,000 is deducted, the additional amount comes around Rs. 2,78,880/- instead of Rs. 3,78,880/-. Therefore, the modification is required in the order passed by this Court. 3. Learned counsel for the respondent does not oppose the prayer of the applicant. 4. Heard learned counsel for the respective parties and perused the judgment passed by this Court. 5. This Court vide judgment dated 09.06.2025 passed in MAC 1250/2017 partly allowed the appeal filed by the claimant and Insurance Company and observed in para 18 as under:- 18. For the foregoing reasons, the appeal filed by the Insurance Company is allowed in-part and the cross-appeal of the claimant/Respondent No.1 is also allowed in-part. The amount of compensation of Rs.7,35,000/- awarded by the Tribunal is now enhanced to Rs.10,13,880/-. Hence, after deducting the amount of Rs.7,35,000/-, the appellant/claimant is held entitled for an additional amount of Rs.3,78,880/-. The additional amount shall carry interest @ 8% per anuum from the date of claim application. The impugned award stands modified to the above extent. 6. On perusal of the judgment the prayer of the applicant appears to be reasonable, therefore, the judgment passed in MAC No. 1250/2017 needs to be modified in para 18 as under:- 18. For the foregoing reasons, the appeal filed by the Insurance Company is allowed in-part and the cross-appeal of the claimant/Respondent No.1 is also allowed in-part. The amount of compensation of Rs.7,35,000/- awarded by the Tribunal is now enhanced to Rs.10,13,880/-. Hence, after deducting the amount of Rs.7,35,000/-, the appellant/claimant is held entitled for an additional amount of Rs.2,78,880/-. The additional amount shall 3 carry interest @ 8% per anuum from the date of claim application. The impugned award stands modified to the above extent. 9. Accordingly, the MCC is disposed of and the judgment dated 09.06.2025 passed in MAC No. 1250/2017 is modified to the extent indicated above. Sd/- (Amitendra Kishore Prasad) Judge AMIT PATEL