NATIONAL INSURANCE COMPANY LIMITED Vs. GHULAM HASSAN SHEIKH

JUDGEMENT

(1.) Review of judgment dated 1st April 2021, passed by this Court in partly allowing Appeal, being MA no. 28/2019, titled National Insurance Company Limited v. Ghulam Hassan Sheikh and others, is sought for in instant petition on the grounds tailored therein.

(2.) Learned counsel appearing for review petitioner-Insurance Company, has stated that this Court while passing judgment under review, has not deducted family pension from the compensation. He in this regard has referred to judgment of the Supreme Court in Vimal Kanwar and others v. Kishore Dan and others, 2013 ACJ 1441. His next submission is that claimants are not entitled to compensation on account of loss of consortium. He has also averred that percentage of deduction on account of dependency ought to have been half as is applicable to bachelors and that notion behind this is that the bachelor has not to maintain the family and same is the case with a person who has nobody to be maintained and therefore, deduction of 1/4th for personal expenses needs to be reviewed by this Court.

(3.) It is pertinent to mention here that while considering abovementioned contentions, the scope and ambit of Section 114 read with Order XLVII Rule 1 of the Code of Civil Procedure is to be taken into consideration.