G.Gnanaguru v. M/S United India Insurance Co Ltd
in C.M.A.No.1852 of 2017 R. SUBRAMANIAN, J.
and K.KUMARESH BABU, J.
(Order of the Court was made by R.SUBRAMANIAN,J.) It is brought to our notice that some typographical errors have crept in in the judgment rendered by the Bench to which, one of us [Hon'ble Mr.Justice R.Subramaninan] was a party, in the above Civil Miscellaneous Appeal on 26.09.2018. The 1st and 2nd respondents are children of the deceased, the 3rd respondent is the wife of the deceased and the 4th respondent is the mother of the deceased. While apportioning the award amount in clause 2 of para 13 instead of 3rd respondent it has been typed as 1st respondent and in clause 3 of para 13 instead of respondents 1 and 2 it has been typed as respondents 2 and 3. As a result, the wife of the deceased would be getting a lesser share while the son of the deceased will get the larger share. The petitioner has now sought for corrections.
2. Accepting the reasons assigned in the affidavit filed in support of the petition, this petition is allowed. The Registry is directed to correct the sub-para 2 of para 13 in the original order as follows:-
2. The wife of the deceased viz., the 3rd respondent 1/3
would take Rs.25,00,000/- with proportionate interest and entire costs.
Sub-para 3 of para 13 in the original order to be corrected as follows:
3. The children of the deceased viz., respondents 1 and 2 will each take Rs.20,00,000/- with proportionate interest.
3. The Registry is directed to issue corrected order copy and a new decree as per the corrected order shall also be issued within a period one week from today.
(R.S.M., J.) (K.B., J.) 27.10.2022 dsa Note : Issue corrected order copy by 03.11.2022. 2/3
R. SUBRAMANIAN, J.
and K.KUMARESH BABU, J.
dsa in C.M.A.No.1852 of 2017 27.10.2022 3/3