ICICI LUMBARD GENERAL INSURANCE COMPANY LIMITED v. SMT. RUHANI LAKHANI
MCC/637/2025 · 2025-07-02
Smt Rajani Dubey
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57343 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57343 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:30296
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 637 of 2025 1 - ICICI Lumbard General Insurance Company Limited Through: 5th Floor, Sky Park, Infront of Bhatiya Hospital, Civil Line, Raipur (C.G.)
... Applicant versus 1 - Smt. Ruhani Lakhani W/o Late Samim Lakhani Aged About 30 Years R/o Ward No. 12 Umar Aata Chakki, Main Road, Saraipali, P.S. Saraipali, District Mahasamund (C.G.) 2 - Ku. Alisa Lakhani D/o Late Samim Lakhani Aged About 3 Years Being Minor Through Legal Representative Mother Ruhani Lakhani, R/o Ward No. 12 Umar Aata Chakki, Main Road, Saraipali, P.S. Saraipali, District Mahasamund (C.G.) 3 - Aayat Lakhani S/o Late Samim Lakhani Aged About 8 Years Being Minor Through Legal Representative Mother Ruhani Lakhani, R/o Ward No. 12 Umar Aata Chakki, Main Road, Saraipali, P.S. Saraipali, District Mahasamund (C.G.) 4 - Abdul Nasim Lakhani S/o Abdul Aziz Lakhani Aged About 55 Years R/o Ward No. 12 Umar Aata Chakki, Main Road, Saraipali, P.S. Saraipali, District Mahasamund (C.G.)
2 5 - Smt. Haliya Lakhani W/o Abdul Aziz Lakhani Aged About 50 Years R/o Ward No. 12 Umar Aata Chakki, Main Road, Saraipali, P.S. Saraipali, District Mahasamund (C.G.) 6 - Sheikh Jahir S/o Sheikh Basir Aged About 50 Years R/o Near Maszid, Santoshi Nagar, Raipur, Presently R/o Ward No. 6, Saraipali, District Mahasamund (C.G.) 7 - Virendra Kumar Patel S/o Mohan Lal Patel Aged About 31 Years R/o Village Kena, P.S. And Tahsil Saraipali, District Mahasamund (C.G.)
... Respondent(s) For Applicant : Ms. Harneet Kaur, Advocate For Respondent(s) : None
Hon'ble Smt Justice Rajani Dubey Order on Board 03/07/2025
1. By way of present application, applicant/Insurance Company is seeking modification of the judgment dated 21.03.2025 passed in MAC No. 314 of 2019 and MAC No. 243 of 2019 on the ground that while making calculation of compensation, due to inadvertence, it is calculated as Rs. 37,16,288/- whereas it should have been Rs. 36,46,288/-. Having done so, the additional compensation comes to Rs.1,60,000/-. Therefore, the judgment dated 21.03.2025 may be modified to the above extent. 2. Heard learned counsel for the applicant/Insurance Company and perused the judgment sought to be modified. 3. A bare perusal of the calculation of compensation made in tabular form under para 10 makes it clear that there is arithmetic error while
3 calculating the total amount of compensation as Rs. 37,16,288/- and in fact it comes to Rs. 36,46,288/-.
Being so, the judgment dated 21.03.2025 is hereby modified and total amount of compensation be read as Rs. 36,46,288/- in place of Rs. 37,16,288/-. Paras 11 and 12 of the judgment be read as under:-
“11. Since the Tribunal has already awarded Rs. 34,86,288/-, after deducting the same from the above amount, the claimants are held entitled for additional compensation of Rs. 1,60,000/- (Rs. 37,16,288 – Rs. 34,86,288) with interest as awarded by the Tribunal. 12. In the result:- MAC No. 243/2019 preferred by the Insurance Company being without any substance is hereby dismissed. MAC No. 3148/2019 filed by the claimants is allowed with the modification in the impugned to the above extent that the claimants shall be entitled for additional compensation of Rs. 1,60,000/- with interest as awarded by the Tribunal. However, rest of the conditions of the impugned award shall remain intact.”
4. Accordingly, the MCC stands disposed of. Sd/-
(Rajani Dubey)
Judge Ruchi RUCHI YADAV Digitally signed by RUCHI YADAV