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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
ORDER
Smt. Salma & ors. Versus Ram Niwas & ors.
S.B. Civil Misc. Application No.94/2004
in
S.B. Civil Misc. Appeal No.96/1996
...
Date of Order: February 02, 2009
PRESENT
HON'BLE MR. JUSTICE H.R. PANWAR
Mr. Ravi Bhansali, for the applicant-appellants.
Mr. L.D. Khatri, for the non-applicant/respondents.
BY THE COURT:
By an application being IA 141/2006 under Order 1
Rule 10 CPC, the applicant-appellants seek to inplead the New
India Assurance Company Limited as a party-respondent.
Having heard the learned counsel for the parties, the
application under Order 1 Rule 10 CPC is allowed and the New
India Assurance Company is impleaded as a party respondent.
Amended cause title has already been filed, which may be placed
at the appropriate place in the file.
Mr. L.D. Khatri, appears for the newly added
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respondent the New India Assurance Company Limited, the
service is, therefore, complete.
By the instant application under Section 152 read
with Section 151 CPC, the applicant-appellants submits that
there is an arithmetical error regarding computation of the
amount of compensation in the judgment dated 8-4-2003
passed by this Court in S.B. Civil Misc. Appeal No.96/1996.
Learned counsel for the applicant-appellants submits that while
passing the judgment dated 8-4-2003, this Court came to the
conclusion that the annual contribution of the deceased towards
his dependents was Rs.12,000/- per annum and applied the
multiplier of 18 years purchase factor and the amount of total
dependency comes to Rs.2,16,000/- , whereas the amount of
RS.1,80,000/- has been awarded as compensation as against 18
years dependency and adding to that amount the loss of love
and affection to applicant-appellant No.2 to 7 @ Rs.5000/- each,
which comes to Rs.30,000/-, the total amount of compensation
comes to Rs.2,46,000/- and further adding thereto the loss of
consortium of Rs.15,000/- to applicant-appellant No.1 Smt.
Salama, the total amount of compensation comes to
Rs.2,61,000/-, whereas the total compensation of Rs.2,25,000/-
has been awarded by this Court.
On careful perusal of the judgment dated 8-4-2003,
which is under review, it appears that there is arithmetical
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mistake so far as awarded the compensation towards loss of
dependency of the applicant-appellants for 18 years, i.e. Rs.
12,000 x 18 = 2,16,000/-.
In this view of the matter, the review application
deserves to be allowed and in the judgment dated 8-4-2003
passed by this Court in S.B. Civil Miscellaneous Appeal
No.96/1996, in place of total compensation towards lthe
dependency @ Rs.12,000/- per annum for 18 years deserves to
be substituted by Rs. 2,16,000/- in place of Rs.1,80,000/- and
in place of total compensation, the amount of Rs.2,61,000/- in
place of Rs.2,25,000/- deserves to be substituted.
With these modification, the review petition stands
disposed of.
(H.R. PANWAR), J.
mcs