1 CGHC010262732026 2026:CGHC:30560 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 656 of 2026 1 - Branch Manager I.C.I.C.I. Lombard General Insurance Company Limited, Second Floor. V.R. Plaza, Link Road, Bilaspur Chhattisgarh. (Insurer Of The Vehicle). ...Applicant versus 1 - Smt. Pinki Yadav W/o Late Malkham Yadav Aged About 21 Years Resident Of Bannak Chowk, Sirgitti, Police Station- Sirgitti, District - Bilaspur Chhattisgarh. 2 - Shubham Yadav S/o Late Malkham Yadav Aged About 2 Years Minor Through Mother Smt. Pinki Yadav, Resident Of Bannak Chowk, Sirgitti, Police Station- Sirgitti, District - Bilaspur Chhattisgarh. 3 - Smt. Basan Bai W/o Shriram Yadav Aged About 51 Years Resident Of Bannak Chowk, Sirgitti, Police Station- Sirgitti, District - Bilaspur Chhattisgarh. 4 - Shriram Yadav S/o Late Gulam Yadav Aged About 51 Years Resident Of Bannak Chowk, Sirgitti, Police Station- Sirgitti, District - Bilaspur Chhattisgarh. 5 - Rajesh Diwakar S/o Saheblal Diwakar Aged About 27 Years Resident Of Village - Derha Kapa, Police Station Lalpur, Tahsil And District - Mungeli Chhattisgarh. (Driver Of Vehicle No. C.G. 09j F-0938) 6 - Ganesh Kurre S/o Ratan Lal Kurre Aged About 26 Years Resident Of Near Hanuman Mandir, Mainpura, Police Station - Pandaria, District - Kabirdham Chhattisgarh.(Owner Of Vehicle No. C.G.-09-Jf-0938) 2 ... Non-applicants ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- For Applicant : Mr. KPS Gandhi,Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 20.07.2026 1. Heard. 2. The present Miscellaneous Case has been filed by the applicant/Insurance Company seeking correction of an apparent clerical and arithmetical error in the order dated 31.10.2025 passed by this Court in MAC No. 1779 of 2019. 3. Mr. Gandhi, learned counsel appearing for the applicant would submit that this Court assessed the annual income of the deceased at Rs. 1,33,224/- and added 40% of income towards future prospects. However, after deducting one-fourth towards personal and living expenses, the annual dependency was mentioned as Rs.1,22,864/- instead of Rs.99,918/-.Thus, the said part of the order requires modification. 4. Heard. 5. Having considered the submissions made by Mr. Gandhi and on perusal of the order dated 31.10.2025, this Court finds that the figure of Rs. 1,22,864/- is an apparent arithmetical error. After deducting one- fourth from the annual income of Rs. 1,33,224/-, the correct annual dependency comes to Rs. 99,918/-. Accordingly, the compensation requires correction and same is being done herein-below:- 3 Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs. 6,200 x12 = Rs. 74,400/- Rs. 7,930 x 12 = Rs. 95,160/- 2. Future Prospect 40% - 29,760/- (74,400 + 29,760 = 1,04,160/-) 40% - 38,064/- (95,160 + 38,064 = 1,33,224/-) 3. Deduction (-) 1/4th (26,040/-) (1,04,160 – 26,040 = 78,120/- (-) 1/4th (33,306/-) (1,33,224-,33,306) = 99,918/- 4. Multiplier (x) 17 = Rs. (78,120 x 17 = 13,28,040/-) (x) 17 = Rs. (99,918 x 17 = 16,98,606/- 5. Contributory negligence 50% (6,64,020/-) (Rs.13,28,040- 6,64,020 = 6,64,020/-) 50% (8,49,303) (Rs.16,98,606- 8,49,303=8,49,303 6. Loss of Estate Rs. 15,000/- Rs. 15,000/- 7. Funeral expenses Rs. 15,000/- Rs. 15,000/- 8. Loss of Consortium Rs. 40,000/- Rs. 48,000 x 3 = 1,44,000 + 40,000 = 1,84,000/- (Claimants No.2 to 4) TOTAL Rs. 7,34,020/- Rs. 10,63,303/- 6. In the result, MCC is allowed subject to above-stated corrections. 7. This order shall be part of the order passed in MAC No. 1779 of 2019. Sd/- (Rakesh Mohan Pandey) Judge Rekha