Smt. Meghana Kushaba Kavathekar And ORS. v. National Insurance Co.Ltd.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2868 OF 2019 IN FIRST APPEAL NO. 1003 OF 2009 Meghana Kushaba Kavathekar and ors.

....Applicants In the matter between :- National Insurance Co. Ltd.

....Appellant V/s.

Meghana Kushaba Kavathekar and ors.

....Respondents Mr. Tejash Dande a/w. Bharat Gadhavi and Vishal Navale i/b. Tejash Dande and Associates for the applicants.

Ms. Kavita Anchan a/w. Mr. Arsh Misra i/b. M.V. Kini and Co. for the original appellant.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 19th AUGUST, 2019 P.C.:- .

The applicants herein have sought correction in the consent decree dated 04/03/2019.

2.

Heard Mr. Tejash Dande, the learned counsel for the applicants and Ms. Kavita Anchan, the learned counsel for the original appellant. I have perused the records and considered the submissions advanced by the learned counsels for the respective parties. 3.

On 04/03/2019, the applicants as well as the appellant - insurance company had filed Consent Terms in First Appeal 1/3

No.1003/2009. By order dated 04/03/2019, the appeal was disposed of. The Consent Terms have been incorporated in paragraph 3 of the order.

4.

In clause (2) of the Consent Terms, it was stated that as per the order dated 23/11/2009 passed by this Court, the respondents who were the applicants herein had already withdrawn Rs.10,00,000/- out of Rs.45,54,797/- which was deposited by the appellant - insurance company before this Court.

5.

Mr. Tejash Dande, the learned counsel for the applicants and Ms. Kavita Anchan, the learned counsel for the respondent/original appellant states that due to inadvertence and a typographical error, the amount which was already withdrawn is typed as Rs.10,00,000/-. They state that the Court had allowed withdrawal of 25% of the compensation and pursuant to the order dated 23/11/2009, the applicants had withdrawn Rs.11,38,699/- and due to typographical error in clause (2) of the consent terms, the amount is wrongly typed as Rs.10,00,000/- in the order dated 04/03/2019. The applicants as well as the respondent - insurance company have filed additional affidavit stating that there is a typographical error in clause (2) of the 2/3

consent terms and that the actual amount withdrawn is Rs.11,38,699/-.

6.

In the light of the said statement as well as on perusal of the records which in fact shows that the amount which was withdrawn was in fact Rs.11,38,699/-, in my considered view, figure of Rs.10,00,000/- in the order dated 04/03/2019 needs to be corrected so as to read as Rs.11,38,699/-.

7.

Necessary corrections be carried out in the order dated 04/03/2019. Order dated 04/03/2019 stands corrected accordingly. 8.

Civil Application stands disposed of.

Preeti H.

Jayani (SMT. ANUJA PRABHUDESSAI, J.) Preeti H. Jayani Date: 2019.08.28 17:35:57 +0530 3/3