The National Insurance Co Ltd v. Smt Atreyee Maji Rep By Sankar Maji And ANR

13.08.2025 Sl. No. 1.

D/L.

Mithun Ct.No.42.

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION APPELLATE SIDE FMAT 525 of 2020 With IA No: CAN/1/2021, CAN/2/2022, CAN/3/2023 The National Insurance Co. Ltd.

Vs.

Smt. Atreyee Maji representing by Sankar Maji & Anr.

Mr. Jayanta Kr. Mandal, Mr. Sayanta Rakshit ...for the appellant/respondent no.1/claimant. Mr. Sanjay Paul ...for the appellant/Insurance Company.

In re: CAN/3/2023 This is an application for modification and/or rectification of the order dated 12th December, 2022. The appeal has been disposed of on 12th December, 2022.

Mr. Jayanta Kumar Mandal, learned Advocate for claimant/respondent no.1 submits that initially the learned Tribunal calculated compensation taking into account medical expenses of Rs.10,28,236/-. However, subsequent thereto, vide order no.63 dated 2nd December, 2020, the learned Tribunal has allowed medical expenses of Rs.14,09,735/-.

Since such modification of the order of learned Tribunal was not within the knowledge of respondent no.1, the same could not be indicated at the time when the appeal was

disposed of. He seeks for modification of the order dated 12th December, 2022 considering the medical expenses to the tune of Rs. 14,09,735/-. He files certified copy of the order of the learned Tribunal, which is taken on record.

Mr.

Sanjay Paul, learned Advocate for appellant/Insurance Company does not raise any objection.

It is found from the Order No.63 dated 2nd December, 2020 of the learned Tribunal that it has modified its order by taking into account medical expenses of Rs.14,09,735/-.

In view of the above, the medical expenses of Rs.14,09,735/- is taken into consideration and the compensation is calculated as hereunder :- Calculation of Compensation Monthly income Rs.10,000/- Annual income (Rs.10,000/- x 12) Rs. 1,20,000/- 80% loss of income due to disablement of 80% Rs.96,000/- Multiplier 14 (Rs.96,000/- x 14) Rs.13,44,000/- Add: Medical expenses incurred Rs.14,09,735/- Add: Non-pecuniary damages Rs.1,00,000/- Total compensation Rs.28,53,735/- Thus, the respondent no.1/claimant is entitled to compensation of Rs.28,53,735/- along with interest @ 6% per annum from the date of filing of the claim application till payment.

The order dated 12th December, 2022 is modified to the above extent.

The other portions of the order shall remain unaltered.

This order shall form part of order dated 12th December, 2022.

Accordingly, CAN 3 of 2023 stands disposed of. (Bivas Pattanayak, J.)