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Bombay High CourtCAF/3353/2025allowed

Deepak Kumar S/O Parmeshwar Mishra And 5 ORS v. State Of Mah. Thr. Collector, Gondia And ANR

2025-10-03Hon'Ble Mrs. Justice Vrushali V. Joshi2 pages

025:BHC-NAG:4 1 / 2 901-cao 3353-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.3353 OF 2025 IN FIRST APPEAL NO. 1090 OF 2010 Deepak Kumar Parmeshwar Mishra and ors.Vs. State of Maharashtra and anr.

---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr.M.R.Johrapurkar, Counsel for the appellant/applicant Ms. Hemlata Dhande, AGP for respondent state.. CORAM : MRS. VRUSHALI V. JOSHI, J.

DATE : 03/10/2025

1. For the reasons stated in the application, the application is allowed.

2.

The figure '66' appearing in the ' paragraph No.5 of the judgment dated 03/09/2025 in First Appeal No.1090 of 2010 be replaced by the figure '0.66.'

3.

After first line of para no.18, first sub para of that paragraph be replaced as follows:- I. The impugned Judgment and award passed by the Reference Court is modified and it is held Kavita

2 / 2 901-cao 3353-25 that, the appellants are entitled for additional enhanced compensation of Rs.35,39,200/- by upgradation of 15% per annum along with solatium and component interest compensation granted by Reference Court as per law.

II. The respondents to pay interest @ 9% p.a. on enhanced compensation, component and solatium for the first year from the date of award and @ 15% p.a. for subsequent year till the date of realization of entire amount. The award be complied with within period of two months from the date of this judgment.

3.

Correction/modification be carried out, and corrected/modified order be uploaded accordingly. 4.

Application stands disposed of.

JUDGE Kavita