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2023 DIGILAW 468 (MP)

Sunil Kumar Sharma v. Kuldeep Singh Tomar

2023-04-06

SUNITA YADAV

body2023
ORDER 1. By filing I.A. No. 1261 of 2023, an application for review/modification of order dated 20.2.2023, learned counsel for the appellant argued that due to typographical error in the penultimate paragraph or order dated 20.2.2023 passed in this case, it has been mentioned that "The enhanced amount of Rs. 2,00,000/- shall not cary and 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 awad shall carry penal interest at the rate of 6% per annum." while it should have been "the enhanced amount of Rs. 2,00,000/- 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 dated 20.2.2023 dut to typographical error, the enhanced amount has also wrongly been typed in word as "Rs. One Lacs only" in place of "Rs. Two Lacs only". Hence, prayed for Review/correction in the order dated 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 & ors. v. Sumitri Devi & Ors. Civil Appeal No. 5245 of 1997, decided on 24.10.1997. 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 dated 20.2.2023. 4. So far as review/correction in respect to the prayer of learned counsel for the appellant with regard to interest on the enhanced compensation amount and the time period for depositing the compensation amount is concerned, it is well settled that review proceedings have to be strictly confined to the ambit and scope of Order 47 rule 1 CPC. 5. 4. So far as review/correction in respect to the prayer of learned counsel for the appellant with regard to interest on the enhanced compensation amount and the time period for depositing the compensation amount is concerned, it is well settled that review proceedings have to be strictly confined to the ambit and scope of Order 47 rule 1 CPC. 5. In the present case, time period for payment of compensation amount as well as direction for awarding rate of interest on the enhanced compensation amount is concerned, they do not come within the purview of any error appartent on the face of record or result of a typographical error. 6. Consequently, I.A. No. I.A. No. 1261 of 2023 is hereby rejected. 7. So far as typographical error in respect to mentioning of enhanced compensation amount in words as ''Rs. One Lacs only'' after mention of enhanced compensation amount in numerical as ''Rs. 2,00,000/-'' in page 3 of the order dated 20.2.2023 is concerned, the same appears to be typographical error on the face of record, therefore it is directed that in page 3 of the order dated 20.2.2023 ''Rs. One Lacs only'' be read as ''Rs. Two Lacs only''. 8. This order passed today be read in conjunction with the order dated 20.2.2023 passed in present miscellaneous appeal. 9. Matter be consigned to record room.