LAWS(MPH)-2023-4-131

SUNIL KUMAR SHARMA Vs. KULDEEP SINGH TOMAR

Decided On April 06, 2023
SUNIL KUMAR SHARMA Appellant
V/S
Kuldeep Singh Tomar Respondents

JUDGEMENT

(1.) By filing LA. No. 1261 of 2023, an application for review/modification of order dtd. 20/2/2023, learned counsel for the appellant argued that due to typographical error in the penultimate paragraph of order dtd. 20/2/2023 passed in this case, it has been mentioned that "The enhanced amount of Rs. 2,00,000.00 shall not carry any interest, however, if the respondents fail to make the payment of compensation within a period of 12 months from today, then the enhanced amount of award shall carry penal interest at the rate of 6% per annum." while it should have been "the enhanced amount of Rs. 2,00,000.00 shall be paid by the respondents within a period of 12 weeks and shall carry interest at the rate of 6% per annum from the date of filing of claim petition till the date of realization." During the course of arguments, additional prayer has been made by learned counsel for the appellant that in the third page of the order dtd. 20/2/2023 due to typographical error, the enhanced amount has also wrongly been typed in word as "Rs. One Lakh only" in place of "Rs. Two Lakh only". Hence, prayed for review/correction in the order dtd. 20/2/2023.

(2.) Learned counsel for respondent No. 2 - Insurance Company vehemently opposed the prayer made by learned counsel for the appellant and argued that in the light of judgment passed by the Supreme Court in the case of Parsion Devi and Ors. vs. Sumitri Devi and Ors; Civil Appeal No. 5245 of 1997, decided on 24.10.19997, the review cannot be allowed in respect to interest on the enhanced amount and time period for depositing the compensation. He further submitted that the insurance company has already sent the cheque in compliance of the order of this Court, therefore, no correction / review is warranted in respect to the time period for depositing the enhanced amount.

(3.) Heard learned counsel for the rival parties and perused the order dtd. 20/2/2023.