Misc.Application No.79/09

Smt.Uma Kaviya V. Life Insurance Corporation.


Before:


Mr.Justice Sunil Kumar Garg-President

Mrs.Vimla Sethiya-Member


Shri Kamal Chawria,counsel for the petitioner

Shri B.B.Mathur,counsel for the respondent



Date of judgement: 18.3.2009

This misc.application has been filed by the complainant appellant petitioner with the prayer that the appellatte judgement dated 21.8.08 passed in Appeal No.715/08 may be corrected in the manner that in the operative portion where ex-gratia payment was ordered to be paid to the tune of Rs.20,000/- be substituted for a sum of Rs.25,000/- as earlier to that in para no.15 of the impugned judgement,the Commission had stated that ex-gratia payment to the tune of Rs.25,000/- be paid.


For convenience para no.15 of the judgement is quoted here and similarly the operative portion of the judgement which was mentioned in para no.17 is also quoted here:


“15. However,looking to the entire facts and circusmtances of the case and on humanitarian consideration,this Commission thinks it just and proper to award ex-gratia amount of Rs.25,000/- to the complainant respondent,who is a widow. It is further clarified that ex-gratia payments are made as an act of grace and that could not be

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claimed as a matter of right. Such payments are paid to mitigate hardship to the claimant by way of equitable relief especially taken into consideration that the complainant respondent is a widow.


17.

For the reasons stated above,this appeal filed by the complainant appellant is dismissd and the impugned order of the District Forum,Sikar dated 24.3.08 is confirmed one. However,the respondents LIC are directed to pay to the complainant appellant a sum of Rs.20,000/- as ex-gratia amount within a period of two months from today.”

A bare perusal of the above two paras clearly reveals that in para no.15 it was clearly mentioned that the ex-gratia payment would be Rs.25,000/- but due to typographical mistake in para no.17 it was mentioned as Rs.20,000/- and since it was a typographical mistake,therefore,this is to be corrected.


For reasons as stated above,this application filed by the complainant appellant petitioner is allowed and in the appellatte judgement dated 21.8.08 which was passed in appeal no.715/08,in para no.17 for words “Rs.20,000/-”,words “Rs.25,000/-” be read and to that extent,the judgement dated 21.8.08 is corrected.




Member President