This order clarifies an arithmetical discrepancy in the judgment regarding insurance compensation. The Court identified the correct calculation requires deducting Rs.11,48,248/- from an original award of Rs.22,15,000/-, resulting in a refund of Rs.10,66,752/-, and directed the correction of the specific paragraph in the judgment.
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C/FA/4550/2009 ORDER DATED: 01/07/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4550 of 2009
[On note for speaking to minutes of order dated 29/03/2022 in R/FA/4550/2009 ]
With R/FIRST APPEAL NO. 2188 of 2010 With
R/FIRST APPEAL NO. 2189 of 2010
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UNITED INDIA INSURANCE COMPANY LTD
Versus
MAHESHKUMAR BABULAL SHAH & 7 other(s)
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Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1 DELETED for the Defendant(s) No. 6 MR MOHSIN M HAKIM(5396) for the Defendant(s) No. 4,7,8 MR TEJAS M BAROT(2964) for the Defendant(s) No. 1 RULE SERVED for the Defendant(s) No. 2,3 UNSERVED EXPIRED (N) for the Defendant(s) No. 5
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CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI and HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 01/07/2022
ORAL ORDER (PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
1.Note for Speaking to Minutes is moved
pointing out that the total amount of
compensation has shown at paragraph No.9 of
the judgment of this Court is
Rs.11,63,728/- however, the actual
calculation is reflecting Rs.11,48,728/-.
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C/FA/4550/2009 ORDER DATED: 01/07/2022
2.Noticing the inadvertent reference of
Rs.11,63,728/- arithmetical error shall
need to be corrected, the original award as
per the Tribunal is Rs.22,15,000/- less the
modified award Rs.11,48,248/- would make
the refund to the United India Insurance
Company at Rs.10,66,752/-. Arithmetic
figure shall be reflected in paragraph
No.12 of the judgment and the award
accordingly. Rest of the judgment and award
shall hold field.
3.Note for speaking to minutes stands
disposed of accordingly.
(SONIA GOKANI, J)
(HEMANT M. PRACHCHHAK,J)
M.M.MIRZA
Page 2 of 2
UNITED INDIA INSURANCE COMPANY LTD
MAHESHKUMAR BABULAL SHAH
SONIA GOKANI
HEMANT M. PRACHCHHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court