M/S National Insurance Co. Ltd. Vs Mr. Rajender Singh Meena (Injured) & Ors. — Delhi HC (2025) — LawSathi Research

M/S National Insurance Co. Ltd. Vs Mr. Rajender Singh Meena (Injured) & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both applications under Section 151 CPC disposed of with the requested corrections ordered: paragraph 49 of the Judgment dated 23.01.2025 to be rectified to reflect dismissal of MAC.APP.120/2023, paragraph 48 to be rectified to reflect that MAC.APP.104/2023 was partly allowed, and clarification that the statutory amount deposited by the Insurance Company be refunded in accordance with law.

Issue for consideration

Whether the typographical errors in paragraphs 48 and 49 of the impugned Judgment dated 23.01.2025, whereby the dispositions of MAC.APP.120/2023 and MAC.APP.104/2023 were incorrectly recorded, should be corrected. +1 more

Court's answer

On perusal of the entire Judgment dated 23.01.2025, MAC.APP.120/2023 stands dismissed (not partly allowed as erroneously recorded), and the necessary rectification is to be made in paragraph 49 of that Judgment.

Ratio / Principle

MAC.APP.104/2023 has been partly allowed (not fully allowed as erroneously recorded), which may be accordingly read, and the necessary rectification is to be made in paragraph 48 of the Judgment dated 23.01.2025.

Key takeaways

It is hereby clarified that the statutory amount deposited by the Insurance Company shall also be refunded in accordance with law.ratio¶¶24

Detailed headnote1 paragraphs

Delhi High Court (Neena Bansal Krishna, J), Order dated 17.04.2025 in CM APPL. 20223/2025 (In MAC.APP. 104/2023) and CM APPL. 20222/2025 (In MAC.APP. 120/2023), filed under Section 151 CPC by M/S National Insurance Co. Ltd.: On review of the Judgment dated 23.01.2025, the Court found that MAC.APP.120/2023 had in fact been dismissed and MAC.APP.104/2023 had been partly allowed, and directed rectification of the typographical errors in paragraphs 48 and 49 of that Judgment wherein the dispositions were inadvertently interchanged/recoded. The Court further clarified that the statutory amount deposited by the Insurance Company be refunded in accordance with law. The applications were disposed of.

$~67 & 68

IN THE HIGH COURT OF DELHI AT NEW DELHI

- MAC.APP. 104/2023

M/S NATIONAL INSURANCE CO. LTD.

.....Appellant Through: Ms Rakhi Dubey, Ms Arpita Srivastava, Mr Sandeep Dubey, Advocates.

versus

MR. RAJENDER SINGH MEENA (INJURED) & ORS.

.....Respondent

Through: 68 + MAC.APP. 120/2023

M/S NATIONAL INSURANCE CO. LTD.

.....Appellant Through: Ms Rakhi Dubey, Ms Arpita Srivastava, Mr Sandeep Dubey, Advocates.

versus SUNITA DEVI (INJURED) & ORS.

.....Respondent

Through:

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R % 17.04.2025 CM APPL. 20223/2025 In MAC.APP. 104/2023 & CM APPL. 20222/2025 In MAC.APP. 120/2023 ( under Section 151 CPC on behalf of

the Appellant seeking Modification/Clarification of the Judgment dated

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 15:40:19

23.01.2025 )

The above two Applications have been filed on behalf of the Appellant National Insurance Co. Ltd. to seek correction in paragraphs 48 and 49 of the impugned Judgment dated 23.01.2025, wherein it is inadvertently recorded that MAC.APP.120/2023 has been partly allowed, when in fact it has been dismissed. Likewise, MAC.APP.104/2023 has been partly allowed, but has been recorded as allowed. It is, therefore, requested that these typographical errors may be corrected in paragraphs 48 and 49 of the impugned Judgment dated 23.01.2025.

Submissions heard and record perused .

Indeed, the perusal of the entire Judgment dated 23.01.2025 shows that MAC.APP.120/2023 has been dismissed. The necessary rectification be made in paragraph 49. Likewise MAC.APP.104/2023 has been partly allowed, which may be accordingly read. The necessary rectification be made in paragraph 48.

It is hereby clarified that the statutory amount deposited by the Insurance Company be also refunded in accordance with law.

The Applications stand disposed of.

NEENA BANSAL KRISHNA, J

APRIL 17, 2025/va

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 15:40:19