Oriental Insurance Co Ltd v. Anubhav Khound and 2 Ors

ORDER

25.10.2024

Heard Ms. M. Choudhury, learned counsel for the petitioner. Also heard Ms. D. D. Roy, learned counsel for the respondent/claimant. This application is filed under Section 114 read with Order XLVII Rule 1 of the Code of Civil Procedure, 1908, praying for a review of the Judgment dated

21.08.2024, passed by this Court in connection with MAC. App. Case No. 40/2021. It is submitted by the learned counsel for the petitioner/Insurance Company that there is an inadvertent mistake in calculating the compensation for the disability amount. Although the disability was assessed at 60%, the total amount was calculated as Rs. 30,24,000/- in paragraph 22 of the said judgment, instead of the correct figure of Rs. 18,14,400/- (14,000 x 12 x 18 x 60%). Additionally, in paragraph 25, the total amount is inadvertently calculated as Rs. 43,68,000/- instead of Rs. 31,58,400/-. Accordingly, she prays for correction of the compensation amount towards the disability amount and the total amount. In this regard, Ms. Roy, learned counsel for the respondent, raised no objection to the prayer made by the learned counsel for the petitioner/Insurance Company. Mr. Choudhury, learned counsel for the petitioner, further submitted that the earlier awarded amount, i.e., Rs. 23,80,000/- along with 7.5%, has already been deposited before the learned Member, Motor Accident Claims Tribunal (in short 'MACT') No. 3, Kamrup (M), Guwahati, and the petitioner (Insurance Page No.# 4/5 Company) is still ready to pay the additional amount calculated by this Court vide Judgment dated 21.08.2024 in MAC. App. Case No. 40/2021. In view of the above, this Review Petition is allowed, and the Judgment dated 21.08.2024, passed in MAC.App. Case No. 40/2021, stands corrected and modified to the extent indicated below: " Para-22. However, the learned Trial Court correctly noted that the disability of 85% pertains to a specific limb rather than the whole body, as indicated by the medical evidence. It is also considered that the appellant is using an artificial limb for walking and has spent Rs. 1,04,000/- on it. Consequently, the learned Member, MACT (3) had rightly assessed his functional disability at 60% and based on the revised income of Rs. 14,000 per month, the total amount would be Rs. 18,14,400/- (14,000 x 12 x 18 x 60%) (Rupees eighteen lakhs fourteen thousand and four hundred) only………. Para-25. In light of the detailed discussion made above and considering the judgments of the Apex Court relied upon by both parties, the following compensation is assessed and awarded to the appellant: Sl. No. HEADS OF CLAIM AMOUNT (RS.)

¶1Loss of income @ 10,000 for 3 months 30,000/-

¶2Medical Expenses (actual expenditure)

(i) Medicines

(ii) Hospital Charges

(iii) Attendant Charges 9,00,000/-

(iv) Special Diet

(v) Transportation

¶3Pain & Suffering (amputation of right mid upper thigh) 50,000/-

¶4Disability 18,14,400/- Page No.# 5/5

¶5Loss of amenities 50,000/-

¶6Marriage Perspective 2,00,000/-

¶7Diet and Nutrition 10,000/-

¶8Cost of artificial limb 1,04,000/-

Total=(RS.) 31,58,400/-

This order passed in Review Petition may be treated to be a part of the Judgment dated 21.08.2024 (MAC.App./40/2021). In the meantime, the learned counsel for the petitioner is hereby directed to deposit the additional amount awarded by this Court in its judgment dated

21.08.2024 before the learned MACT, Kamrup (M). In terms of above, this Review Petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010184442024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oReview.Pet./172/2024o ORIENTALoINSURANCEoCOoLTDo HAVINGoITSoREGISTEREDoOFFICEoAToORIENTALoHOUSE,oASAFoALIoROD,o 25/27,oNEWoDELHIo110002oANDoREGIONALoOFFICEoAToGUWAHATIo7,oREP.o BYoTHEoREGIONALoMANAGER VERSUSo ANUBHAVoKHOUNDoANDo2oORSo S/OoSRIoSAPONoKR.oKHOUND,oBHAGYAoMAMAoPATH,oP.S.oGEETANAGAR,o GUWAHATI,oDIST.oKAMRUPo(ASSAM),oPINo781020 2:ANJIToBORAH oS/OoSRIoGOBINDAoCH.oBORAH oH/NO.o1 oBYEoLANEo3oZOOoNARENGIoROAD oHATIGARHoCHARIALI oDIST.oKAMRUPo oASSAM 3:SRIoSUBHASHoPRASAD oS/OoR.LoPRASAD o C/OoANJIToBORAH o RESIDENToOFo oH/NO.o1 oBYEoLANEo3oZOOoNARENGIoROAD oHATIGARHoCHARIALI oDIST.oKAMRUPo oASSAo Page No.# 2/5 Advocate for the Petitioner : MS. M CHOUDHURY, MR SISHIR DUTTA Advocate for the Respondent : , Linked Case : MACApp./40/2021 SRI ANUBHAV KHOUND S/O SRI SAPON KR. KHOUND BHAGYA MAMA PATH P.S. GEETANAGAR GUWAHATI DIST. KAMRUP (ASSAM) PIN 781020 VERSUS REGIONAL MANAGER ORIENTAL INSURANCE CO. LTD AND 2 ORS ULUBARI GUWAHATI ------------ Advocate for : MS D D ROY Advocate for : MS C BORAH (R-1) appearing for REGIONAL MANAGER ORIENTAL INSURANCE CO. LTD AND 2 ORS Page No.# 3/5 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA