Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 19362 (CHH)

THE ORIENTAL INSURANCE COMPANY LIMITED, v. MOHAN MARCO

REVP/125/2026 · 2026-05-10

Shri Amitendra Kishore Prasad

Review Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:21882 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 125 of 2026 The Oriental Insurance Company Limited, Through Divisional Manager, Division Office, Near Rajiv Plaza, Old Bus Stand, Bilaspur, Tahsil And District Revenue And Civil Bilaspur (C.G.) ... Petitioner versus 1 - Mohan Marco S/o Kushal Singh Marco Aged About 55 Years R/o Village Barpali, Police Chowki Belgahna, Tahsil Kota, District Revnue And Civil Bilaspur (C.G.) 2 - Deepak Marco S/o Mohan Marco Aged About 19 Years R/o Village Barpali, Police Chowki Belgahna, Tahsil Kota, District Revenue And Civil Bilaspur (C.G.) 3 - Mohan Singh Gond @ Golu Gond S/o Hanuman Singh R/o Villagebari Umraw, Police Station Pendra District Revenue And Civil Bilaspur (C.G.) 4 - Afjal Khan S/o Jahir Khan R/o Purani Basand, Pendra, District Revenue And Civil Bilaspur (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Raj Awasthi, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 11.05.2026 1. Heard Mr. Raj Awasthi, leaned counsel for the review petitioner. 2. The review petitioner has filed this review petition with the following relief(s):- YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.05.12 10:40:35 +0530 2 “It is, therefore, most humbly and respectfully prayed that this Hon'ble High Court may be pleased to allow this instant review petition and recall the order dated 27.01.26 passed in M.A.(C) No.703/2017 and make correction in para 21 of impugned order, in the interest of justice.” 3. Learned counsel for the review petitioner / insurer submits that while reassessing the compensation in the judgment dated 27.01.2026 passed in MAC No.703/2017, this Court has computed the amount under different heads in paragraph 20 of the judgment. It is contended that as per the tabulated calculation, the total compensation actually comes to Rs.8,42,840/-, however, due to an inadvertent typographical and arithmetical error, the total compensation has been mentioned as Rs.8,60,840/-. Learned counsel submits that an excess amount of Rs.18,000/- has thus been mistakenly added and the said error, being apparent on the face of the record, deserves to be corrected in exercise of review jurisdiction. 4. In view of the above and upon perusal of the record, this Court finds that there is an apparent arithmetical and typographical error in the calculation of the total compensation in paragraph 20 of the judgment dated 27.01.2026 passed in MAC No.703/2017. As per the computation reflected under the respective heads, namely loss of dependency of Rs.7,10,840/-, loss of estate of Rs.18,000/-, loss of consortium of Rs.96,000/- and funeral expenses of 3 Rs.18,000/-, the total compensation comes to Rs.8,42,840/-. However, due to inadvertent miscalculation, the total compensation has been mentioned as Rs.8,60,840/-. Accordingly, the said apparent error is rectified and the total compensation awarded to the claimants is modified from Rs.8,60,840/- to Rs.8,42,840/-, which reads as under :- Sl. No. Head Calculation Awarded amount 1. Income of deceased @ Rs.5,468/- per month Rs.65,616/- per annum 2. 25% of (1) above to be added as future prospects 65,616 + 16404 = Rs.82,020/- 3. 1/3rd of (2) deducted as personal expenses of the deceased 82,020 / 3 = 27,340/- = Rs.54,680/- 4. Compensation after multiplier of 13 applied 54,680 x 13 Rs.7,10,840/- 5. Towards loss of estate 15,000 + 3,000 with increase of 10% in every three years Rs.18,000/- 6. Towards loss of consortium to all the two claimants @ Rs. 40,000/- 40,000 + 8,000 = 48,000/- with increase of 10% in every three years Rs.96,000/- 7. Funeral Expenses 15,000 + 3,000 with increase of 10% in every three years Rs.18,000/- Total Compensation Awarded Rs.8,42,840/- 5. Accordingly, the total compensation awarded to the claimants is corrected from Rs.8,60,840/- to Rs.8,42,840/- on account of the 4 aforesaid arithmetical and typographical error in calculation. Since the learned Tribunal had originally awarded a sum of Rs.5,28,840/-, the enhanced compensation payable to the claimants would consequently stand reduced from Rs.3,32,000/- to Rs.3,14,000/-. The interest component and all other conditions shall remain unaltered and shall be governed by the judgment and award passed by the learned Tribunal as affirmed by this Court. 6. With the above modification, the instant review petition stands allowed. 7. A copy of this order be placed along with the records of MAC No.703/2017. Sd/- (Amitendra Kishore Prasad) Judge Yogesh