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2025 DAILYLAW 119972 (ALL)

SMT. GULABA DEVI AND ANOTHER v. THE STATE OF U.P. THRU. SPECIAL SECY. INSTITUTIONAL FINANCE GOVT. OF U.P. AND OTHERS

CMRA/9/2024 · 2025-04-25

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23962 Court No. - 8 Case :- CIVIL MISC REVIEW APPLICATION No. - 9 of 2024 Applicant :- Smt. Gulaba Devi And Another Opposite Party :- The State Of U.P. Thru. Special Secy. Institutional Finance Govt. Of U.P. And Others Counsel for Applicant :- Rinku Verma Counsel for Opposite Party :- Mrs. Pooja Arora Hon'ble Jaspreet Singh,J. 1. Heard Shri Rinku Verma, learned counsel for the review applicants and Mrs. Pooja Arora, learned counsel for the National Insurance Company Limited/ respondent no.3. 2. The instant review application has been moved with the limited prayer that while this Court partly allowed the writ petition vide its judgment and order dated 08.01.2024, it had merely set aside the penalty which was imposed by the Permanent Lok Adalat in its award dated 17.06.2023. It is urged that insofar as payment of the insured amount of Rs.5,00,000/- is concerned it was to be paid alongwith 9% interest and legal expenses. This part of the award was not touched by the Court but the same has not been granted by the respondent no.3, though the initial amount of Rs.5,00,000/- has been paid. It is in the aforesaid circumstances that the review has been filed indicating an error apparent on the face of the record. 3. Learned counsel for the National Insurance Company Limited/ respondent no.3 has tried to defend the order, however, she could not dispute the aforesaid fact that this Court had very clearly indicated, in the fourth page of the order dated 08.01.2024, that the ground for entertaining and allowing the writ petition in part was only on account of imposition of penalty by the Permanent Lok Adalat on the respondent no.3 which was not justified. There is no consideration and non- deliberation on the issue regarding payment of the rate of interest or the legal expenses. 4. Since, this Court had clearly intervened only on the issue of imposition of penalty, hence, this Court finds that the submission made by the learned counsel for the review applicants appears to be correct. The order dated 08.01.2024 suffers from an error apparent on the face of the record inasmuch as this Court ought to have clarified this aspect which apparently has not been done. Accordingly, the review application has some merit. 5. The judgment and order dated 08.01.2024 shall stand corrected/ reviewed and it is clearly provided that the sum of Rs.5,00,000/- which was awarded by the Permanent Lok Adalat to the applicants shall carry 9% interest as well as sum of Rs.5,000/- towards legal expenses as provided in the said award dated 17.06.2023. The award dated 17.06.2023 shall stand modified only to above extent that the penalty which was imposed has been set aside by this Court. 6. With the aforesaid observation, the order dated 08.01.2024 shall stand modified to the aforesaid extent. This order passed today shall be read alongwith the principal order dated 08.01.2024. 7. Learned counsel for the parties shall be provided with the certified copies on the payment of usual charges. 8. In view of aforesaid, the present review application stands partly allowed. Order Date :- 25.4.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench