NANDAN MUKHERJEE vs MOHD RAFIQ AND ORS

Judgment text excerpt

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 20th January, 2025 + MAC.APP. 126/2013 & CM APPL. 3268/2025 NANDAN MUKHERJEE S/o Shri D.C. Mukherjee, R/o 105-A, LIG DDA Flats, Motia Khan, Paharganj, Delhi-110005 .....Appellant Through: Mr. Animesh Kumar, Advocate through VC. versus 1. MOHD RAFIQ S/o Shri Kalwa Qureshi, R/o Village Athseni, PS & Tehsil Garh Mukhteswar, District Ghaziabad, Uttar Pradesh .....Respondent No. 1 2. JAI PRAKASH S/o Shri Ram Kishan, R/o A-9, Kewal Park Extension, Panchvati, Delhi .....Respondent No. 2 3. RELIANCE GENERAL INDIA INSURANCE CO. LTD. A-12, Mohan Cooperative Industrial Estate, Mathura Road, New Delhi110044, Through Mr. Sahil Gupta, Sr. Manager – Legal Claims .....Respondent No. 3/Revisionist Through: Mr. Rajeev M. Roy, Advocate for R-3/Insurance Company through VC. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) REVIEW PET. 30/2025 1. The present Review Petition under Section 114 read with Order XLVII and Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of the Respondent No. 3/Insurance Company seeking correction of Signature Not Verified Digitally Signed By:VIKAS ARORA Signing Date:23.01.2025 REVIEW PET. 30/2025 in MAC.APP. 126/2013 Page 1 of 4 17:46:46 the error in Paragraph-24 of the Judgment dated 05.12.2024, wherein the Multiplier of 16 has been taken even though the deceased was 39 years and 11 months old at the time of accident i.e., 15.07.2011 and the correct Multiplier should have been 15. 2. Issue Notice. 3. Learned counsel appearing for the Non-Revisionist/Appellant appearing on advance Notice, accepts Notice and submits that the Multiplier of 16 has been rightly applied and the present Review Petition is liable to be dismissed. 4. Submissions heard and rec