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2023 Supreme(Raj) 976

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Reliance General Insurance Co. Ltd – Appellant
Versus
Kesar & Ors. – Respondent
S.B. Civil Miscellaneous Application No. 1 of 2023 in S.B. Civil Miscellaneous Appeal No. 1281 of 2015
Decided On : 17-01-2023

Advocates Appeared:
Vishal Singhal, Advocate, Sandeep Saruparia, Advocate

The court can allow modification of an order if both parties agree to the correction.

Headnote:

Modification - Insurance Claim - The court allowed the modification of the order to correct the lump sum amount agreed upon by the insurance company and the claimants.

Fact of the Case:

The applicant sought modification of the order to correct the lump sum amount mentioned in the order.

Finding of the Court:

The court allowed the application for modification as both parties agreed to the correction.

Issues: Correction of lump sum amount in the order.

Ratio Decidendi: The court can allow modification of an order if both parties agree to the correction.

Final Decision: The court allowed the modification to correct the lump sum amount agreed upon by the insurance company and the claimants.

JUDGMENT

Manoj Kumar Garg, J. - 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.

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

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

4. 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.

5. The corrected last para of the order dated 19.12.2022 reads as under:-

    "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."

     

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