IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3448 of 2008 1. NILAM DEVI WIDOW OF LATE GOPAL SINGH. 2. NITU KUMARI (MINOR) DAUGHTER OF LATE GOPAL SINGH. 3. RITU KUMARI (MINOR) DAUGHTER OF LATE GOPAL SINGH. 4. DEEPAK KUMAR (MINOR) SON OF LATE GOPAL SINGH. ALL RESIDENT OF VILLAGE- DHORAIYA DATPUR, P.S.- KHARIK, DISTRICT-BHAGALPUR. ………………PETITIONERS. Versus 1. PARMANAND YADAV, SON OF LATE GONER YADAV, RESIDENT OF VILLAGE-DHORAIYA DATPUR, P.S.- KHARIK, DISTRICT-BHAGALPUR (OWNER) 2. THE BRANCH MANAGER, THE NEW INDIA ASSURANCE COMPNAY LTD. SILIGURI, WEST BENGAL. 3. THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE COMPNAY LTD. RED CROSS BUILDING, NORTH OF GANDHI MAIDAN, PATNA. ……………………OPPOSITE PARTIES. ----------- 5 03.02.2009 This MJC application has been filed for modification of order dated 26.9.2008 passed in Misc. Appeal No. 111 of 2005. It is contended that in the last paragraph on page 13 of the order some calculation mistake occurred by which the petitioner has been shown as entitled for only a sum of Rs. 2, 47,000/-. It is submitted that from the rate of income mentioned in the said paragraph of the order and after applying the multiplier of 15 with deduction of 1/3 of the amount, the due amount comes to Rs. 3, 60,000/-. Adding Rs.5,000/- as loss of consortium and Rs.2,000/- as funeral expenses the total 2 amount comes to Rs. 3,67,000/-, whereas by mistake the total amount has been mentioned there as Rs.2,47,000/- and therefore in the operative portion of the order the Insurance Company has been directed to pay a sum of Rs.2,47,000/- to the appellant besides interest at the rate of 7% per annum from the date of filing of the claim petition till the date of its realization. From the calculation explained by the learned counsel for the petitioners, it appears that indeed the same comes to Rs.3,67,000/- and therefore, as per the operative portion of the order the appellant stands entitled to 3,67,000/- from the Insurance Company besides the interest as awarded. Copy of this MJC application was served in the office of Mr. Ashok Priyadarshi who had appeared for the Insurance Company in the miscellaneous appeal. Since his name had not appeared on 23.1.2009 on the list , this MJC application was adjourned with a direction to the office to print the name of Mr. Ashok Priyadarshi as learned counsel for 3 the respondent. Accordingly the name of Mr. Ashok Priyadarshi appears on the list as learned counsel for the respondent. However, he is not present in Court to assist in the matter on behalf of the Insurance Company. In the circumstances, the MJC application is allowed. The order in the M.A. shall be treated as modified to the extent that the appellant claimant shall be entitled to a total sum of Rs. 3,67,000/- from the Insurance Company besides the interest awarded to him. Let the decree be prepared accordingly taking into account this modification in the orders passed in the M.A. This MJC application is accordingly disposed of. Arvind/ ( J. N. Singh , J. )