United India Insurance Co. Ltd vs Inderjeet And Others
2024 Latest Caselaw 2170 j&K

Jammu & Kashmir High Court

United India Insurance Co. Ltd vs Inderjeet And Others on 21 October, 2024

                                                                      Sr. No. 07


                 HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                               AT JAMMU
                                                       CM No.4595/2024 in
                                                       Mac App No.159/2020

United India Insurance Co. Ltd.

                                                   ...... Appellant/Non-applicant(s)

                     Through :- Mr. Dinesh Singh Chauhan, Advocate.


           V/s

Inderjeet and others

                                                       ....Respondent/Applicant(s)

                     Through :- Mr. C.S.Gupta, Advocate for R-1/applicant.
Coram: HON'BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE

                                    ORDER

(21.10.2024) Through the medium of the instant application filed in terms of

Section 152 of the C.P.C., respondent No.1/award holder seeks the

rectification of the error alleged to have been, inadvertently, committed by

this Court while passing the judgment dated 02.04.2024 to the extent of the

mention of compensation amount awarded on account of the attendant

charges.

It is submitted by learned counsel for the applicant/respondent

No.1/award holder that this Court through its judgment dated 02.04.2024

while disposing of the appeal filed by the non-applicant/appellant-

Insurance Company opined that services of only one attendant appear to be

needed by respondent No.1/award holder and accordingly, the

compensation awarded by the learned MACT, Rajouri on that count was

reduced from Rs.12,70,400/- to Rs.6,35,200/-. It is submitted by learned

counsel that actually the learned MACT has committed an inadvertent

mistake while mentioning the amount of compensation on account of two

attendant charges as Rs.12,70,400/-instead of Rs.12,85,200/- X 2 =

Rs.25,70,400/- as is apparent from the para 19 of the award dated

26.12.2020 passed by the learned MACT.

While this Bench was ready to dispose of the present application

upon hearing both the parties, it was, however, made a joint submission by

the learned counsels for the parties that it will be appropriate, if the instant

application is left to be addressed by the same learned Bench which passed

the judgment dated 02.04.2024 and which is available presently in this

Wing of the Court. Accordingly, the instant application bearing CM

No.4595/2024 is directed to be listed before the appropriate Bench which

has passed the judgment dated 02.04.2024 on 22.11.2024.

(Mohd. Yousuf Wani) Judge

JAMMU 21.10.2024 Eva