CourtKutchehry.com
High CourtsDivision Bench(2010) 07 AHC CK 0417

Raj Kumar Singh and Another vs Smt. Chandrani and Others

Allahabad High Court · Decided on 21 July 2010

HON’BLE JUDGES
Ram Autar Singh, J · Prakash Chandra Verma, J
RESULT
Dismissed
CASE NUMBER
Civil Miscellaneous Correction/Modification Application No. 110794 of 2010 in First Appeal From Order No. 418 of 1995

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

4 paragraphs · 381 words
1.

Heard Shri Ram Singh, learned Counsel for the applicants on correction application and perused the record.

2.

It has been submitted on behalf of the applicants that while dictating the judgment on 6.1.2010 in open Court this Court had modified the award of the Tribunal and amount of compensation was enhanced from Rs. 75,000/- to Rs. 1,50,000/- along with interest at the rate of 12% per annum with effect from the year 1992, however, the aforesaid part of the judgment could not be incorporated due to typographical error. The prayer has been made in the application for correction of the said mistake and render of the order directing enhancement of compensation from Rs. 75,000/- to Rs. 1,50,000/- along with interest as directed by this Court in the order dated 6.1.2010.

3.

A perusal of record goes to show that the learned Tribunal has held that the claimants are entitled to get Rs. 75,000/- as lump sum compensation from all opposite parties along with interest at the rate of 12% per annum from the date of accident till realisation. The learned Tribunal has discussed all aspects of the case and it has been found fit and proper to award Rs. 75,000/- as compensation in favour of the claimants in view of all circumstances of the case. We do not remember that this Court at the time of dictating the judgment the amount of award was enhanced from Rs. 75,000/- to Rs. 1,50,000/-. We have not mentioned any ground for enhancement in our judgment and order dated 6.1.2010. Had the amount of compensation been enhanced, reasons thereof could have been incorporated in the order dated 6.1.2010, but no such ground has been incorporated therein, however, we have modified the award to the extent that the payment has to be made by the Insurance Company only and not by the owner and further directed the Tribunal to recover the amount from the Insurance Company and pay the same to the claimants within a period of one month from the date of production of a certified copy of this order and the amount deposited by the owner if any was directed to be returned back to the owner.

4.

We do not find any merit in correction application and the same is dismissed accordingly.