Dismissed

Brach Manager National Insurance Co. Ltd. v. Ajay Kumar Singh And Anr.

Jharkhand HC9 Mar 2022MA/30/2016

Case brief

AI extract

What is this about?

The Court held that the appeal was not maintainable as the omission of the insurer's recovery right in the award was an accidental slip or omission. The correct remedy is a petition under Section 152 CPC filed before the Tribunal under whose whose judgment the error occurred. The appeal was disposed of, and liberty was granted to file the appropriate application.

What did the court decide?

Articulated appeal as not maintainable; liberty granted to file Section 152 CPC petition before Tribunal; deposited amount refunded.

Brach Manager National Insurance Co. Ltd. Vs Ajay Kumar Singh… — Insurance | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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M.A No. 30 of 2016

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Branch Manager, National Insurance Co. Ltd. Jamshedpur …. Appellant(s). Versus

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Ajay Kumar Singh 2. Rita Das …. …. Respondent(s)

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CORAM : HON'BLE MR. JUSTICE ANANDA SEN. THROUGH : VIDEO CONFERENCING

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For the Appellant(S) : Mr. Alok Lal, Advocate For the Respondent : Mr. Ramit Satendra, Advocate

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11/09.03.2022

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This appeal is being disposed of at this stage itself considering the nature of the ground which has been argued.

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Counsel for the appellant has raised only one point in this appeal at the time of argument. He submits that while deciding issue no.3 the Tribunal has already passed an order that opposite party-Insurance Company is entitled for “right of recovery” after payment of the compensation to the claimants. He submits that Tribunal in the award at paragraph no.12 has inadvertently failed to incorporate the aforesaid direction in the order portion. He submits that this inadvertent error may be corrected and “right of recovery” may be given to the Insurance Company.

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Counsel appearing on behalf of the owner of the vehicle submits that no appeal has been filed against the award.

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After going through submission of the counsel appearing on behalf of the Insurance Company and issue which he has raised in this appeal, this Court is of the opinion that petition under Section 152 of Civil Procedure Code before the Tribunal could have resolved the issue, rather than approaching this Court by filing this appeal.

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Issue No.3 was decided by the Tribunal and concluding portion of decision of Issue No.3 which is at para no.9 reads as follows:-

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“……….So, I find that there is violation of terms and conditions of the insurance policy. Accordingly, OP Insurance Company is entitled for recovery right after payment of compensation to the claimant. Accordingly, this issue is decided in favour of the applicant.”

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-2-

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The aforesaid finding and direction was given since Tribunal has concluded that there was violation of condition of the policy. This direction and finding clearly suggests that “right of recovery” was given to the Insurance Company to the awarded amount, but due to inadvertence in paragraph no. 12, the said direction was not incorporated.

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Section 152 Civil Procedure Code provides for amendment of judgments, decree or orders. It is necessary to quote Section 152 Civil Procedure Code herein below:-

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“ 152. Amendment of judgments, decrees or orders .- Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties.”

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From the aforesaid provision of law it is clear that if there is any error which arises from any accidental slip or omission, the same may be corrected by resorting the Section 152 Civil Procedure Code. Learned counsel for the appellant submits that the error is accidental.

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Considering the aforesaid provision of Civil Procedure Code, this Court is of the opinion that appellant should have filed a petition under Section 152 Civil Procedure Code before the Tribunal and pray for correcting the error which arose from the accidental error, slip or omission in the award dated 6.10.2015 passed in Compensation Case No. 211 of 2013 by District-Judge-III-cumMVACT, Jamshedpur

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As per this Court, this case is not maintainable, accordingly this appeal is disposed of .

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Liberty is granted to the Insurance Company to file an appropriate application under Section 152 Civil Procedure Code before the Tribunal.

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Statutory amount deposited by the Insurance Company at the time filing of this appeal should be refunded to the Insurance Company.

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(ANANDA SEN , J)

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anjali/cp2

Brach Manager National Insurance Co. Ltd. v. Ajay Kumar Singh And Anr.

Case brief

What is this about?

What did the court decide?

Brach Manager National Insurance Co. Ltd. v. Ajay Kumar Singh And Anr.

Case brief

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What did the court decide?

What the court decided

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