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Bombay High CourtFA/3280/2006disposed off

Abdulrahiman Amin Varunkar And ORS. v. Vinayak Ekanath Dushane And ANR.

2023-03-17Hon'Ble Shri Justice Shivkumar Dige2 pages

Shubhada S Kadam 505-fa-3280-2006.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 3280 OF 2006 Abdulrahiman Amir Varunkar and ors.

... Appellants versus Vinayak Eknath Dushane and anr.

.... Respondents Mr. B. A. Lawate, Advocate for the Appellants/Claimants. Ms. Kalpana Trivedi, Advocate for Respondent No.2-Insurance Company. CORAM : SHIVKUMAR DIGE, J.

DATE : 8th FEBRUARY, 2024.

P.C. :

1.

Learned counsel for the Respondent No.2-Insurance Company has moved praecipe for speaking to the minutes of judgment dated 17th March 2023 for correction of compensation amount granted by this Court. She submitted that inadvertently multiplier of 17 is applied instead of "16". She requested to correct the computation of compensation chart by applying multiplier of 16 and carry out consequential corrections in sub-paragraph of paragraph 6 and clause (ii) of the operative part. 2.

Learned counsel for the respondents/claimant has no objection for it.

3.

Considering the submission of learned counsel of both learned counsel, the following corrections be carried out in the said judgment: SHUBHADA SHANKAR KADAM "

The computation of compensation chart and sub-paragraph SHUBHADA SHANKAR KADAM Date: 2024.02.12 17:52:24 +0530 1/2

Shubhada S Kadam 505-fa-3280-2006.doc is substituted and read as under :

COMPUTATION OF COMPENSATION Income Rs.

3000.00 Dependency 1/5th (7 dependents) Rs.

2400.00 Future Prospects 40% Rs.

3360.00 Yearly Income after multiplier of 16 Rs.

645120.00 Consortium Rs.

308000.00 Loss of Estate Rs.

16500.00 Loss of Funeral Rs.

16500.00 Total Compensation Rs.

986120.00 As per the calculations, the total amount of compensation comes to Rs.9,86,120/-. If the amount of Rs.3,25,000/- awarded by the Tribunal is deducted from Rs.9,86,120/-, it comes to Rs.6,61,120/-. The claimants are entitled for this amount. In view of the above, I pass following order : ".

In clause (ii) of the operative order, the amount of enhanced compensation be substituted and read as "Rs.6,61,120/-" instead of "Rs. 7,01,440/-".

Necessary corrections be carried out and corrected judgment be uploaded on official website.

(SHIVKUMAR DIGE, J.) 2/2