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1. To err is human; to correct an error is also human. Due to an error in the Divisional Office, respondent was paid cash incentive contrary to the guidelines issued by the General Insurance Company of India. Provisions of the guidelines stipulated that extension of notional credit cannot be taken into account for computation of development incentive. Relevant provision of the guidelines issued by the General Insurance Corporation of India is extracted below.

"It should be abundantly clear that extension of aforesaid notional business credit shall not be taken into account for computation of development incentive at the servicing Do".

Later the petitioner was served with letter dated 18.5.1998 demanding Rs. 1,38,240/- which was given to him by mistake. Challenging the order petitioner approached this Court. Learned Single Judge allowed the Writ Petition and held as follows:

"In spite of the existence of Ext.R1(a), respondents paid mistakenly the petitioner incentive during the year 1995-96. The petitioner was paid, he made use of it, No wit cannot be, when the respondents realised the mistake, asked to be refunded".

2. We find it difficult to accept the reasoning of the learned Single Judge. Facts would evidently show that payment was made by mistake contrary to the direction given by the General Insurance Company of India, which all the Insurance Companies are bound to follow. Mistake evidently has been crept in the Divisional Office. Divisional Offices and other offices are under the control of the United India Insurance Company transacting large volume of business all over the country. It is a large organization where several employees are working and large volume of work is being transacted. In such a situation, human error at times cannot be avoided. Nobody could expect an ideal situation without any error or mistake in the matter of administration. Due to inadvertence or otherwise a mistake has been committed which can always be corrected. Duty is cast not only on the administrators but on the beneficiary of the mistake to correct the error. The beneficiary is also part of the administration like the person who has committed the mistake. Writ petitioner cannot make a capital out of a mistake committed by his colleague in the office. Circular issued by the General Insurance Corporation of India is applicable not only to the administrators but to the beneficiary of the mistake also. So mistake can be corrected not only by the administrators but also by the beneficiaries.