1 2025:CGHC:30294 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 608 of 2025 1 - The United India Insurance Co. Ltd. Through Divisional Manager Office, Kutchery Chowk Raipur Post Office Raipur P.S. Gol Bazar Raipur District Raipur (C.G.) Through T.P. Hub In Charge, United India Insurance Co. Ltd. Magarpara Road Bilaspur District Bilaspur (C.G.) (Respondent No. 3) ... Applicant versus 1 - Smt. A. Sapna W/o Late A. Samueal Aged About 34 Years R/o Present Shivanand Nagar, Jhanda Chowk, Post Office Raipur P.S. Khamtarai, Raipur District Raipur (C.G.) 2 - A. Abhishek S/o Late A. Samueal Aged About 10 Years (Minor Though Natural Guardian Smt. A. Sapna Res No. 1) R/o Present Shivanand Nagar, Jhanda Chowk, Post Office Raipur P.S. Khamtarai, Raipur District Raipur (C.G.) 3 - A. Ashish S/o Late A. Samueal Aged About 10 Years (Minor Though Natural Guardian Smt. A. Sapna Res No. 1) R/o Present Shivanand Nagar, Jhanda Chowk, Post Office Raipur P.S. Khamtarai, Raipur District Raipur (C.G.) 4 - A. Aman S/o Late A. Samueal Aged About 8 Years (Minor Though Natural Guardian Smt. A. Sapna Res No. 1) R/o Present Shivanand Nagar, Jhanda Chowk, Post Office Raipur P.S. Khamtarai, Raipur District Raipur (C.G.) 2 5 - Manendra Kumar S/o Shri Beniram R/o Ward No. 28, Zone No.1, Khursipar Sector 11, Bhilai District Durg (C.G.) (Driver Of The Vehicle/ Respondent No.1) 6 - Harpreet Kaur Kabarbal W/o Tarunjeet Singh R/o Santra Badi, District Durg (C.G.) (Owner Of The Vehicle/ Res. No. 2) 7 - A.S. Narayana Aged About 80 Years R/o Zone No. 3 Shivaji Nagar, B.M.Y. Charouda Bhilai District Durg (C.G.). 8 - A. Gangamana W/o A.S. Narayana Aged About 75 Years R/o Zone No. 3 Shivaji Nagar, B.M.Y. Charouda Bhilai District Durg (C.G.). ... Respondent(s) (Cause title has been taken from the CIS software) For Applicants : Mr. P.K. Tulsyan, counsel For Res. Nos. 1 to 4 : Ms. Rekha Shrivastava, counsel on behalf of Mr. Shivendu Pandya, counsel For Respondent No.6 : Mr. Shobhit Mishra, counsel. Hon'ble Smt. Justice Rajani Dubey Order On Board 03/07/2025 1. The applicant has filed present MCC for modification of order dated 12.06.2025 passed in MAC No.57/2019. 2. Learned counsel for the applicant submits that in the order dated 12.06.2025 passed in MAC No.57/2019, in para 1 of the judgment, it has been typed as “ fastening liability on the non-applicant No.3/insurance company jointly and severally along with non-applicant No.1/driver and non-applicant 3 No.2/owner, whereas the learned Tribunal recorded its finding that first the amount of compensation would be paid by the non-applicant No.3/Insurance Company to the applicants and non-applicants Nos. 4 and 5 therein and then recover from non-applicant Nos. 1 and 2 therein jointly and severally. Therefore, the para 1 of the order dated 12.06.2025 may be modified accordingly. 3. From perusal of the 12.03.2018 passed in Claims Case No.135/2017, it is clear that the learned Tribunal has recorded its finding that first the amount of compensation would be paid by the non-applicant No.3/Insurance Company to the applicants and non-applicants Nos. 4 and 5 therein and then recover from non-applicant Nos. 1 and 2 therein jointly and severally, but in the order dated 12.06.2025 due to typographical error it has been typed as fastening liability on the non-applicant No.3/insurance company jointly and severally along with non-applicant No.1/driver and non-applicant No.2/owner. The mistake appears to be bonafied on the face of record which need to be rectified. 4. Accordingly, the order dated 12.06.2025 passed in MAC No.57/2019 is modified and para 1 of the said judgment be 4 read as under :- “1. This appeal is by the claimants against the award dated 12.03.2018 passed by learned 4th Additional Tribunal, Raipur, District – Raipur (C.G.) to 1st Additional Motor Accident Claims Tribunal, Raipur, District Raipur (C.G.) in Claim Case No. 135/2017 awarding a compensation of Rs.28,03,750/- with interest @ 7.5% per annum from the date of filing of the claim petition till realization and the same shall be payable within 30 days, first by the non-applicant No.3/Insurance Company to the applicants and non-applicants Nos. 4 and 5 & then recover from non-applicant Nos. 1 and 2 jointly and severally.” 5. Rest of the condition of the order shall remain intact. 6. The present MCC is allowed and the order is modified to the extent indicated herein above. Sd/- (Rajani Dubey) Judge pkd Digitally signed by VIJAY BHARATRAO PEKDE