The National Insurance Co. Ltd. v. 1. Mr. Rajendra Saverna Singh And ANR.

1 / 2 901-FA-285-08.Spk.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE NATIONAL LOK ADALAT FIRST APPEAL NO.285 OF 2008 The National Insurance Co. Ltd.

.... Appellant versus Rajendra Saverna Singh (since deceased) through LR Smt. Basant Rajinder Singh Saini & Ors.----- ... Respondents .......

• Ms.Poonam Mittal, Advocate for Appellant/Applicant. • Mr.U.N. Mehta i/b. Ms.S.U. Mehta and Mr.Anil P. Chavan i/b. Mr.A.M. Gokhale, Advocate for Respondent No.1. CORAM :

SARANG V. KOTWAL, J., SHRI S. R. KHANZODE (Retired Principal District Judge) & SHRI S. T. KAPSE, (Addl. Registrar, (O.S.) / Addl. Prothonotary & Senior Master DATE : 28th MARCH, 2019 (IN CHAMBER) P.C. :

1.

Learned Counsel for the Appellant has moved a praecipe dated 27/03/2019 for correction of typographical error in Paragraph No.6 of the order dated 17/03/2019. We have perused the praecipe and the Consent Terms, which is taken on record and marked X-1 for identification. In the Consent Terms Nesarikar

2 / 2 901-FA-285-08.Spk.odt it is mentioned that "Out of the pending deposited amount which is lying in FDR amount of Rs.50,000/- may be refunded to the Appellant i.e. Insurance Company and balance entire amount along with the accrued interest be paid to the Respondent No.1, wife of the original Applicant for herself and her minor children."

2.

From this averment in the Consent Terms it is clear that there is typographical error in Paragraph No.6 of the order dated 17/03/2019. Accordingly Paragraph No.6 of the said order is corrected to read as under;

"She is praying that since the parties have settled the matter and entered into the Consent Terms, Rs.50,000/- be refunded to the Appellant and balance entire amount along with the accrued interest be given to her."

3.

Order dated 17/03/2019 be corrected accordingly. (SHRI S. T. KAPSE) (SHRI S. R. KHANZODE) (SARANG V. KOTWAL, J.)