The National Insurnace Company Limited v. Hiraman Dhruw

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 698 of 2019 • The National Insurance Company Limited, Branch Office Bhutani Complex, G.E. Road Power House Bhilai, District Durg Chhattisgarh. ----Applicant

Versus

1. Hiraman Dhruw S/o Chinta Ram Dhruw, Aged About 28 Years, R/o Village Puri, Tahsil And District Dhamtari Chhattisgarh.

2. Ramesh Kumar Desai S/o Bachan Desai Aged About 58 Years R/o Village Puraina Basti, Bhilai-3, District Durg Chhattisgarh.

3. Mohammad Usmani S/o Gulam Mustaffa Aged About 33 Years R/o Road No. 1, Kasaridih, Thana Durg, District Durg Chhattisgarh. ---- Respondents For Applicant Shri Anil Gulati, Advocate.

For Respondent No.1 Shri A.L. Singroul, Advocate.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 08/08/2019

1. Heard on admission.

2. The MCC being arguable is admitted for hearing.

3. With the consent of both the parties matter is heard finally.

4. By way of this MCC applicant/Insurance Company has sought modification in the judgment dated 21.02.2019 passed by this Court in MAC No.1456/2016 on the ground that due to typographical error interest @ 9% has been mentioned in the said judgment in place of 6% which was awarded by the Tribunal. He submits that in the connected appeal i.e. MAC No.1495 of 2016, this Hon'ble Court has granted interest on the enhanced amount of compensation as awarded by the Tribunal i.e. 6% per annum.

5. Shri A.L. Singroul, counsel for the respondent no.1 has no objection, if the interest awarded by this Court @ 9% per annum is reduced to 6% per annum as awarded by the Tribunal.

6. In view of above, MCC is allowed and the judgment dated 21.02.2019 in MAC No.1456 of 2016 stands modified to the extent that the claimant shall be entitled for additional compensation of Rs.94,771/- @ 6% per annum from the date of application till its realization. Sd/- Gautam Chourdiya Judge Akhilesh