Allowed

Reliance Gneral Insurance Co. Ltd. v. Kesar

Rajasthan HC17 Jan 2023CMAP/1/2023

Case brief

AI extract

What is this about?

The court allowed a civil miscellaneous application to correct a clerical error in a previous order. It rectified a typographical misstatement of the agreed settlement sum, changing Rs. 6,55,000 to Rs. 6,50,000 as mutually agreed by the applicant insurance company.

What did the court decide?

The amount of Rs. 6,55,000/- typed in the order dated 19.12.2022 is corrected and shall be read as Rs. 6,50,000/-.

Reliance Gneral Insurance Co. Ltd. Vs Kesar — Contract and Commercial Disputes | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Misc. Application No. 1/2023

¶3

¶4

S.B. Civil Misc. Appeal No. 1281/2015

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Reliance General Insurance Co. Ltd., Through Manager Legal, 2Nd Floor Maker Tower, Above Kana Restaurant And Hotel, Nityanand Nagar, Vaishali Nagar, Jaipur.

¶6

----Petitioner

¶7

Versus

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Kesar W/o Late Ramesh Chandra

¶9

Ritesh Kumar S/o Late Ramesh Chandra

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Kumari Payal D/o Late Ramesh Chandra

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Ramnath S/o Narayan All by caste Khatik R/o Kuraj PS Kuwariya District Rajsamand

¶12

Ramesh S/o Mishri Lal, B/c Jain R/o Kundwa Police Station Devgarh, Tehsil Devgarh Distt. Rajsamand.

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Naresh S/o Prabhu Lal, B/c Bharti (Mali), R/o Naya Phulia Tehsil Sahada Police Station Gangapur, Distt. Bhilwara.

¶14

----Respondents

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For Aplicant(s) : Mr. Vishal Singhal For Respondent(s) : Mr. Sandeep Saruparia for the respondents.

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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17/01/2023

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The present application has been filed by the applicant for modification in the order dated 19.12.2022 passed in S.B. Civil Misc. Appeal No. 1281/2015.

¶20

Learned counsel for the applicant submits that both applicant - Insurance Company had agreed to pay a lumpsum

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(2 of 2) [CMAP-1/2023]

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amount of Rs. 6,50,000/- to the claimant - respondent nos. 1 to 4, but inadvertently, it has been mentioned as Rs.6,55,000/- in the order. Therefore, counsel submits that necessary correction may be made in the order dated 19.12.2022.

¶23

Learned counsel for the respondents does not oppose the prayer made by the applicant.

¶24

In view of above, application is, hereby, allowed and the amount of Rs.6,55,000/- typed in the last para of the order dated 19.12.2022 is corrected and same be read as Rs.6,50,000/as agreed by the insurance company to pay to the claimants.

¶25

The corrected last para of the order dated 19.12.2022

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reads as under:-

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“In terms of the settlement, appellant-Insurance Company has agreed to pay a lump sum amount of Rs.6,50,000/- (Rs. Six Lac Fifty Thousands) to respondents No.1 to 4 within two months, in addition to the amount already deposited by the Insurance Company; the amount so agreed shall be deposited by the appellant-Insurance Company with the Tribunal within a period of two months from today, failing which, the same shall carry interest @ 9% per annum from the date of this order till actual realization. Both the parties are agreeable to the conditions of the settlement, therefore, the appeal deserved to be disposed of accordingly.”

¶28

(MANOJ KUMAR GARG),J

¶29

118-Mak/-

Reliance Gneral Insurance Co. Ltd. v. Kesar

Case brief

What is this about?

What did the court decide?

Reliance Gneral Insurance Co. Ltd. v. Kesar

Case brief

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What did the court decide?

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