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High Court of DelhiMAC.APP./620/2017

The Oriental Insurance Co Ltd v. Mahender Kumar & ORS

2024-12-18Hon'Ble Ms. Justice Neena Bansal Krishna2 pages

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 620/2017 THE ORIENTAL INSURANCE CO LTD.

.....Appellant Through:

Mr. Pradeep Gaur, Advocate

Versus

MAHENDER KUMAR & ORS.

.....Respondents Through:

Advocate (appearance not given)

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 16.05.2025 .

CM APPL. 24778/2025 1.

The present Application under Section 152 CPC read with Section 151 CPC has been filed by the Appellant seeking correction in the Judgment dated 18.12.2024.

2.

It is submitted that in Para-20 of the impugned Judgment, to consider the 'Loss of Dependency' the minimum wages of the deceased have been taken as Rs.9386/- per month whereas the minimum wages prevalent on the date of accident were Rs.8,814/- per month.

3.

Learned Counsel for the Respondents have no objection if the error is corrected.

4.

Submissions heard and record perused.

5.

Considering that as on the date of accident, the minimum wages of the matriculate were Rs.8,814/- per month, the error in the Judgment dated 18.12.2024 is corrected and the corrected calculation is under:- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2025 at 14:55:22

Loss of Dependency:- i.

Rs.8814 + 40% (towards future prospects) = Rs.12,339.6/- (rounded off to 12,340) ii.

12,340-50% (towards personal expenses) = Rs.6,170/- iii.

Rs.6,710 x12 x 18 = Rs.13,32,720/- Total = Rs.13,32,700/- 6.

The Claimants are therefore entitled to the following compensation:- Sl.

No.

Amount of Compensation awarded/ modified by this Court 1.

Loss of dependency Rs.4,78,764/- Rs.13,32,720/- 2.

Loss of Love and Affection/ consortium Name of Heads Amount of Compensation awarded by the Tribunal Rs.50,000/- Rs.80,000/- 3.

Loss of Estate Rs.50,000/- Rs.50,000/- 4.

Funeral and Transportation expenses Rs.25,000/- Rs.25,000/- Total Compensation Rs.6,03,764/- Rs.14,87,720/- 7.

With aforesaid modification in the Judgment dated 18.12.2024, the present Application is accordingly disposed of. NEENA BANSAL KRISHNA, J MAY 16, 2025 r The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2025 at 14:55:22