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Madras High CourtCMA/668/2022partly allowed

Rajalakshmi v. Vijaya Neethi

2023-04-10Honourable Mrs Justice N. Mala2 pages

C.M.A.No.668 of 2022 C.M.A.No.668 of 2022 N.MALA, J.

This matter came up for hearing today under the caption "For Being Mentioned" at the instance of the learned counsel appearing on behalf of the second respondent.

2.The learned counsel appearing on behalf of the second respondent submits that there is an arithmetic error in calculating the total amount under the head "amount awarded by this Court" and "award confirmed or enhanced or granted or reduced". The learned counsel further submits that a sum of Rs.10,000/- has been awarded in excess. Therefore, he prays to modify the same.

3.Accordingly, the relevant portion of the paragraph Nos.15 & 17(ii) of the order dated 10.04.2023, in the above Civil Miscellaneous Appeal is modified and the same shall read as follows:

SI.

No.

Description Amount awarded by the Tribunal (Rs.) Amount awarded by this Court (Rs.) Award confirmed or enhanced or granted or reduced Loss of dependency 12,24,000/- 22,84,800/- Enhanced Loss of Love and affection (20,000 x 3) 60,000/- 1,20,000/- Enhanced Loss of Consortium 40,000 40,000/- Confirmed Loss of estate - 15,000/- Granted Funeral Expenses 25,000/- 15,000/- Reduced https://www.mhc.tn.gov.in/judis Total Rs.13,49,000/- Rs.24,74,800/- Enhanced by Rs.11,25,800/-

C.M.A.No.668 of 2022 N.MALA, J.

ah

17. In the result, (i) The Civil Miscellaneous Appeal is partly allowed. (ii) The second respondent/Insurance Company herein is directed to deposit the enhanced compensation of Rs.11,25,800/- along with interest at the rate of 7.5% per annum from the date of numbering of appeal till the date of deposit before the Tribunal, within a period of six weeks from the date of receipt of a copy of this order.

4.Registry is directed to issue the fresh order copy after incorporating the necessary corrections in the above Judgment dated 10.04.2023. 24.01.2024 ah C.M.A.No.668 of 2022 https://www.mhc.tn.gov.in/judis