NCDRC

NCDRC

RP/1438/2010

M/S. TATA AIG GENERAL INSURANCE CO. LTD. - Complainant(s)

Versus

B. SHANKAR & ANR. - Opp.Party(s)

MS. ANJALLI BANSALL

14 Sep 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 1438 OF 2010
(Against the Order dated 29/10/2009 in Appeal No. 106/2007 of the State Commission Andhra Pradesh)
1. M/S. TATA AIG GENERAL INSURANCE CO. LTD.Having its Registered Office at Peninsula Corporate Park, Nicholas Piramal Tower, 9th Floor, Ganpathrao Kadam Marg, Lower ParelMumbai - 400013Maharashtra ...........Petitioner(s)
Versus
1. B. SHANKAR & ANR.H. No. 1-2-375/1, Street No. 6, Nagaiah Old Building, Near Gagan Mahal Hospital, DomalgudaHyderabadAndhra Pradesh2. UNION BANK OF INDIARepresented by it's Manager, Chikkadapally Branch, 1-8-563/2, Opp. Sandhya Theatre, Charminar X Roads, ChikkadapallyHyderabad - 20Andhra Pradesh ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MRS. VINEETA RAI ,MEMBER
For the Petitioner :MS. ANJALLI BANSALL
For the Respondent :NEMO

Dated : 14 Sep 2010
ORDER

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          Counsel appearing for the petitioner states that on an application filed by the petitioner, the State Commission had held the insurance company, i.e., the petitioner herein and the respondent No.2 – Union Bank of India, as jointly and severally responsible to make the payment to the complainant/respondent No.1 – B. Shankar.  Petitioner insurance company moved an I.A. No.1030/2010 in F.A. No.106/2007 before the State Commission to correct the operative portion of the order dated 29.10.2009, directing the insurance company to pay the amount along with the respondent Bank, on the ground that it was a typographical error.  The said application has been accepted by the State Commission vide its order dated 13.4.2010 by observing as under :

“It was held that the bank was deficient in its service and therefore directed it to pay the amount as well as compensation.  Since the deficiency if any on the part of bank has been considered, however, in the operative portion, by mistake it was mentioned, ‘opposite parties’ to pay the amount instead of saying ‘opposite party No.1 bank’ had to pay the amount, we are of the opinion that it is only a typographical mistake.  Accordingly, it  could be corrected directing opposite party No.1 bank to pay the amount.”

 

          Since the petitioner has been absolved of the liability to pay to the respondent, the Revision Petition filed by the petitioner has become infructuous and is disposed of as such.

 



......................JASHOK BHANPRESIDENT
......................VINEETA RAIMEMBER