Today is fixed for hearing and passing order in this R.A. case which has been initiated by ops, insurance company of C.C. case no. 48 of 2021 against the order dt. 4.11.2022.

Ld. Advocates of both sides are present.

Heard submission of both sides. Considered submission.

In this instant case this District Commission after going through the materials of this case record finds that the op/ complainant has not filed any W/O against the review application.

In the main point of contention and argument of the applicant who are the op insurance company of C.C. case no. 48 of 2021  that there is urgent necessity of recalling and modifying the final order dt. 4.11.2022 and final judgment dt. 4.11.2022 which is passed by this District Commission. Over this issue it is pointed out by the ld. Advocate of the applicant that the op insurance company who are the applicants of this review case has already paid Rs. 85,700/- to the complainant of the above noted C.C. case but the said amount of Rs. 85,700/- has not been considered by this District Commission and for that reason there is necessity of deducting the said amount of Rs. 85,700/- from the claim amount of Rs. 1,74,707/-.

Regarding the above noted point of contention and argument of the applicant the op who is the complainant of the above noted C.C. case is not raising any objection.

On the background of the above noted point of contention and argument of both sides this District Commission after going through the material of the case record finds that in C.C. case no. 48 of 2021  this District Commission has passed final order where it has been held that the complainant is entitled to get Rs. 1,74,707/- from the ops but due to inadvertence the payment of Rs. 85,700/- which is made by op insurance company of the above noted C.C. case has not been deducted. This matter is clearly reflecting that there is necessity of rectifying the last part of the judgement passed in C.C. case no. 48 of 2021  and it is to be written that the complainant is entitled to get the amount of Rs. 89,007/- in place of Rs. 1,74,707/-. So, let the judgement and order passed in C.C. case no. 48 of 2021  be modified and/ or rectified to this extend.

Thus, this R.A. case no. 2 of 2023 is allowed.

No order is passed as to costs.

It is held that in the order portion of the judgment and in the operating part of the judgement it is to be written that the complainant is entitled to get Rs. 89,007/- from the op, insurance company.

The remaining observation of the said judgement remains unaltered.

Let the judement passed in C.C. case no. 48 of 2021  be rectified to this extend.