S.Anuradha v. M/S General Connectors India Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.09.2024

CORAM:

THE HONOURABLE MRS.JUSTICE R.HEMALATHA Review Application No.242 of 2024

1. S.Anuradha

2. K.Sivakumar

3. S.Muralidharan ... Appellants vs.

1. M/s.General Connectors India Pvt. Ltd., No.306, Cuddalore Road, Mudaliarpet, Mouruungapakkam, Pondicherry - 605 004.

2. TATA AIG General Insurance Company Limited, 2nd Floor, Samson Towers, No.403, L, Pantheon Road, Egmore, Chennai - 600 008.

...Respondents

PRAYER: Review Application filed under Order 47 Rule 1 & 2 read with 114 of Civil Procedure Code, 1908, to review the Judgement passed in C.M.A.No.1657 of 2024, dated 05.08.2024.

For Appellants : Mr.K.Ayyadurai For R2 : Mr.J.Michael Visuvasam 1/5

ORDER

The Review application is filed seeking to rectify the calculation error which crept in while computing compensation in C.M.A.No.1657 of 2024.

2. This Court in C.M.A.No.1657 of 2024 while enhancing the compensation awarded by the Tribunal had wrongly deducted 10% of contributory negligence on the part of the rider of the deceased and the same is corrected in the present application as shown in the following tabular column:

S.No Description Amount awarded by Tribunal (Rs) Amount awarded by this Court (Rs) Award confirmed or enhanced or granted or reduced 1.

Loss of Dependency 22,68,000 25,70,400 Enhanced 2.

Loss of Estate 15,000 15,000 confirmed 3.

Loss of Consortium (Rs.40,000/- (each) x 2) 80,000 80,000 confirmed 4.

Funeral Expenses 15,000 15,000 confirmed 2/5

S.No Description Amount awarded by Tribunal (Rs) Amount awarded by this Court (Rs) Award confirmed or enhanced or granted or reduced 5.

Transport Charges 10,000 10,000 confirmed Total Rs.23,88,000/- after deducting 10% contributory negligence, it comes to 21,49,200 rounded off to 21,50,000 Rs.26,90,400/- Enhanced by Rs.5,40,400/-

3. In the result, i. The Review Application is allowed. No costs. ii. The orders passed by Tribunal fixing 10% contributory negligence on the part of the deceased is set aside.

iii. Registry is directed to rectify the error which crept in the Judgment dated 05.08.2024 in C.MA.No.1657 of 2024 and issue fresh order copy.

3/5

iv. Thus the correct compensation awarded is Rs.26,90,400/- and not Rs.24,21,360/-.

v. The other terms and conditions remain the same. 20.09.2024 Index : Yes/No Speaking/Non-speaking order mtl To 1.The Motor Accidents Claims Tribunal, Chief Judge, Small Causes Court, Chennai.

2.The Section Officer, VR Section, Madras High Court, Chennai.

4/5

R.HEMALATHA, J.

mtl Review Application No.242 of 2024 20.09.2024 5/5