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Judgment
Review Application No.445 of 2023
in chamber
This Review Application has been filed by the Complainant seeking review of the order dated 04.12.2023 on the ground that while allowing the Complaint, this Commission inadvertently deducted the paid amount of ₹86,19,465/- from the balance amount of ₹1,15,14,259/- instead of from the payable amount i.e. ₹2,01,33,724/-.
I have gone through the record. It is seen that there is an error apparent on the face of the record since inadvertently this Commission deducted the paid amount of ₹86,19,465/- from the balance amount of ₹1,15,14,259/- whereas this amount of ₹86,19,465/- had already been deducted from the payable amount i.e. ₹2,01,33,724/- to which the Complainant is entitled to.
In view of the above, the Review Application is allowed and the order dated 04.12.2023 is modified to the extent that the para 13 of the order be read as:
In view of the aforesaid reasons, and in the facts and circumstances of this case, the Complaint is allowed in part and the Complainant is found entitled to a sum of ₹1,15,14,259/- towards the balance claim of insurance, as the Opposite Party has made a payment of ₹86,19,465/- from claim payable amount of ₹2,01,33,724/-. The Complaint is accordingly disposed of with the following directions:
(i) Opposite Party shall pay the Complainant a sum of ₹1,15,14,259/- with interest @ 8% (inclusive of 2% over bank rate) from 29.07.2017 till realization, within 8 weeks of this order, failing which the rate of interest payable will be 10%;
(ii) Opposite Party shall pay litigation costs of ₹50,000/- to the Complainant;
Review Application stands disposed of in above terms.