BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LTD. v. SMT. URMILA
MCC/48/2026 · 2026-01-18
Shri Parth Prateem Sahu
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 12750 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 12750 (CHH) · dailylaw.ai ]
Judgment text
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2026:CGHC:2936
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 48 of 2026 Branch Manager, Oriental Insurance Company Ltd. Divisional Office, Ambikapur, District- Sarguja (C.G.), Through In-Charge, Tp Hub, Tp Hub Office, Rama Trade Cenre, 1st Floor, Opp. Rajeev Plaza, Near Old Bus Stand, Bilaspur (C.G.) Pin-495001
... Applicant versus 1 - Smt. Urmila W/o Late Balram Rajwade Aged About 45 Years Occupation- House Wife, R/o House No. 125, Ward Number - 11, Nawapara, Jhumarpara, District Surajpur C.G. (Respondent No. 1) 2 - Ramjit Rajwade S/o Late Balram Rajwade Aged About 25 Years Occupation- Agriculture, R/o House No. 125, Ward Number - 11, Nawapara, Jhumarpara, District Surajpur C.G. (Respondent No. 2) 3 - Sita Kumari D/o Late Shri Balram Rajwade Aged About 23 Years Occupation- Student, Permanent R/o House No. 125, Ward Number - 11, Nawapara, Jhumarpara, District Surajpur C.G., Present Address Gandhinagar, Thana- Gandhinagar, Tehsil- Ambikapur, District Surguja C.G. (Respondent No. 3) 4 - Sopari Lal Rajwade S/o Late Shri Balram Rajwade Aged About 22 Years Occupation- Student, Permanent R/o House No. 125, Ward Number - 11, Nawapara, Jhumarpara, District Surajpur C.G., Present Address Gandhinagar, Thana- Gandhinagar, Tehsil- Ambikapur, District Surguja C.G. (Respondent No. 4) ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.01.20 11:29:07 +0530
2 / 3 5 - Sant Kumar Aayam S/o Hulas Aayam Aged About 24 Years R/o Barpara, Thana Bhatgaon, District Surajpur C.G. (Respondent No. 5) (Driver Of The Offending Vehicle) 6 - Rambilas Aayam S/o Sudhan Ram Aged About 37 Years R/o Barpara, Thana Bhatgaon, District Surajpur C.G. (Respondent No. 6) (Owner Of The Offending Vehicle)
... Respondents For Applicant : Mr. Akash Shrivastava, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board 19/01/2026
1. Heard.
2. This MCC is filed for modification of the order dated 01.07.2025 passed in MAC No. 1050 of 2020.
3.
Learned counsel for applicant submits that in page no. 12 (internal page no. 7 of impugned order) due to typographical mistake in para no. 15 Clause B of the chart instead of 15% multiplier shown to be made by 115%, though the calculation is by 15% only, therefore, the number 115% is erroneously typed instead of 15%. He next submits that in chart forming part of para no. 15 while computing the loss of consortium to respondent no. 2 to 4 at the rate of Rs. 40,000/- each instead of Rs. 1,20,000/- it is mentioned as Rs. 1,60,000/- due to typographical error, therefore, the aforementioned typographical mistake along with the total compensation computed needs correction in the impugned order.
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4. I have heard learned counsel for the applicant and also perused the impugned award dated 01.07.2025.
5. In chart which is forming part of para no. 15 in Clause B though loss of future prospect is mentioned as, at the rate of 15%, however in the calculation part of this chart the multiplier is shown by 115% erroneously though amount calculated towards the loss of future prospect has been correctly mentioned and therefore it be read as 15%.
6. In same chart while computing the loss of parental consortium to respondent no. 2 to 4 at the rate of 40,000/- each the total amount awarded is Rs. 1,60,000/- instead of Rs. 1,20,000/- (3 x 40,000/-)therefore, the said amount be read as Rs. 1,20,000/-.
7. For the aforementioned reasons in total of para 15 it be read as Rs. 66,36,429/- (66,76,429-40,000)and in para 16 the amount mentioned as Rs. 66,76,429/- be read as Rs. 66,36,429.
8. In view of above, this MCC stands allowed.
9. Registry is directed to make this order as part of record of MAC No. 1050 of 2020. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge Alfiza