UNITED INDIA INSURANCE COMPANY LTD. Vs. CHARANJEET KAUR

JUDGEMENT

(1.) THIS review petition has been filed by the Insurance Company seeking review of judgment dated 16.1.2009, whereby while allowing the appeal of the claimants, this Court enhanced the compensation. It was also held by the Court that the Insurance Company was liable to make payment of the amount awarded by the Tribunal by reversing the finding on issue No. 3 returned by the Motor Accident Claims Tribunal, whereby the insurance company was exonerated from its liability. It is submitted by learned counsel for the review petitioner that the insurance company could not remain present at the time of hearing of SBCMA No. 234/2001 and the order passed by the Court requires to be reviewed, inasmuch as, the reversal of finding on issue No. 3 is apparently against the record of the case.

(2.) IT was also submitted that this Court enhanced the compensation by way of increasing the multiplier from 11 to 15, which in fact, results in a enhanced compensation of Rs. 96,000/ - only, however, inadvertently in the operative portion of the judgment it has been mentioned that there is an increase of Rs. 1,36,000/ - in the total award, which is an error apparent on the face of record, which requires to be rectified.

(3.) MR . Manoj Bhandari, learned counsel appearing for the petitioner, on instructions, states that the enhanced amount has not been paid to the claimants so far.