Final Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 35 Misc DJ 862/25
SUNITA Vs. ANIL KUMAR and ORS
16.07.2025
File taken up today on an application u/s 152 CPC for
rectification of the award amount moved on behalf of insurance
company.
Pr: Sh. Akshay Kumar, ld. Counsel for the applicant/insurance
company.
Ms. Narmada Bhardwaj, Ld. Counsel for the petitioner
Submissions heard. Record perused.
It is stated by ld. Counsel for the insurance company that
the present matter was decided vide judgment/award dated
24.05.2025. It is further stated that while computing the amount
payable under the head “Medical Expenses” in para no. 38 of the
award, this tribunal has held towards compensation of Rs.
8,83,841/- under the head of medical expenses. However, in para
no. 70 of the award, due to inadvertence/typographical error, the
medical expenses have been wrongly mentioned as
Rs.9,74,216/-, which is Rs. 90,375/-, in excess, as held by this
Tribunal in para no. 38. It is thus prayed that the same be
rectified.
Perusal of record reveals that the present matter has been
decided by this Tribunal on 24.05.2025. Record further reveals
that this Tribunal awarded compensation of Rs. 8,83,841/-, under
the head of medical expenses in para no. 38, whereas
inadvertently, the compensation amount under the head of
medical expenses has been wrongly mentioned as Rs.9,74,216/-
in para no. 70 of the award dated 24.05.2025. Therefore, the
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present application stands allowed. Accordingly, the amount of
compensation under the head of medical expenses be read as
Rs.8,83,841/- instead of Rs. 9,74,216/- and the total
compensation would thus be read as Rs.1,27,55,969/- and the
same be read everywhere in the award dated 24.05.2025
wherever the total amount of compensation was mentioned.
Consequently, the award of compensation amount alongwith
interest in Form -IVB is also rectified which is as under:-
FORM – IV B
SUMMARY OF COMPUTATION OF AWARD AMOUNT IN
INJURY CASES TO BE INCORPORATED IN THE AWARD
1.Date of accident: 15.09.2017
2. Name of injured: Sunita
3. Age of the injured: About 31 years, 06 month and 08 days at
the time of accident.
4. Occupation of the injured: Private work
5. Income of the injured: Rs. 30,000/- per month.
6. Nature of injury: Grievous
7. Medical treatment taken by the injured: Continuous
8. Period of hospitalization: As per record.
9. Whether any permanent disability ? If yes, give details: Yes.
100% Permanent Physical Disability
10. Computation of Compensation
S.No. Heads Awarded by the Tribunal
11. Pecuniary Loss
(i) Expenditure on treatment Rs.8,83,841/-
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(ii) Expenditure on conveyance Rs.75,000/-
(iii) Expenditure on special diet Rs.75,000/-
(iv) Cost of nursing/attendant Rs.26,08,128/-
(v) Loss of earning capacity Rs. 80,64,000/-
(vi) Loss of income N/A
(vii) Any other loss which may require
any special treatment or aid to the
injured for the rest of his life
N/A
12. Non-Pecuniary Loss:
(I) Compensation for mental and
physical shock
N/A
(ii) Pain and suffering Rs.3,00,000/-
(iii) Loss of General amenities and
enjoyment of life
Rs.1,00,000/-
(iv) Disfiguration N/A
(v) Loss of marriage prospects N/A
(vi) Loss of earning, inconvenience,
hardships, disappointment,
frustration, mental stress, dejectment
and unhappiness in future life etc.
N/A
13. Disability resulting in loss of earning capacity
(i) Percentage of disability assessed and
nature of disability as permanent or
temporary
100% Permanent Physical
Disability
(ii) Loss of expectancy of life on
account of disability
Rs.1,50,000/-
(iii) Percentage of loss of earning
capacity in relation of disability
100%
(iv) Loss of future income – (Income X
% Earning capacity X Multiplier)
Rs. 80,64,000/-[(Rs. 42,000/-
per month x12 months x
16(age multiplier) x 100/100
(functional disability)].
(v) Future Medical Expenses N/A
14. TOTAL COMPENSATION Rs. 1,27,55,969/-
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15. INTEREST AWARDED 7.50%
16. Interest amount up to the date of
award
Rs.65,69,324.03
17. Total amount including interest Rs.1,93,25,293.03 (rounded
off to Rs. 1,93,25,294/-)
18. Award amount released Rs. 28,46,344/-
19. Award amount kept in FDRs Rs.1,64,78,950/-
20. Mode of disbursement of the award
amount to the claimant (s)
(Clause29)
As per award and in terms of
clause 29 of MCTAP
21. Next date for compliance of the
award. (Clause 31)
31.07.2025
The aforesaid rectification be read as part and parcel of the award
dated 24.05.2025.
The application stands disposed of accordingly.
File be sent back to record room.
(Shama Gupta)
PO MACT (N/W)
Rohini Courts
16.07.2025
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