Case Note & Summary
The case arises from a motor accident claim petition filed by the legal heirs of a deceased person who died in a collision between a Tempo Trax and a truck. The Motor Accident Claims Tribunal, Nagpur, awarded compensation of Rs.1,95,000 in Claim Petition No.687/1995. The Tribunal ordered that Rs.25,000 be paid to the mother (claimant no.2) and the remaining amount to the sister (claimant no.3). However, due to a typographical error, the operative part of the order reversed the apportionment, directing Rs.25,000 to the mother and the balance to the sister. The appellant, New India Assurance Company, the insurer of the truck, appealed only on the ground of apportionment. The High Court noted the error and corrected it, holding that the mother should receive the entire compensation except a token amount of Rs.25,000 to the married sister. The appeal was allowed, and the apportionment was modified accordingly.
Headnote
A) Motor Accident Claims - Apportionment of Compensation - Typographical Error - The Tribunal awarded Rs.25,000 to the mother and the balance to the sister, but due to a typographical error, the order stated the reverse. The High Court corrected the error, directing that the mother receive the entire compensation except Rs.25,000 to the sister. (Paras 4-5)
Issue of Consideration
Whether the apportionment of compensation by the Motor Accident Claims Tribunal was erroneous due to a typographical error.
Final Decision
Appeal allowed. Apportionment of compensation modified: Rs.25,000 to be paid to the sister (Bali Punaram Uikey) and the remaining amount to the mother (Sukhman wd/o Punram Uikey).
Law Points
- Apportionment of compensation
- Typographical error correction
- Motor Accident Claims
Case Details
2012 LawText (BOM) (03) 139
Mrs. T.D. Khade for appellant, Miss. Rekha Kadam h/f P.S.Deshpande for R-1 & 2
New India Assurance Company Limited
Sou. Sukhman wd/o Punram Uikey, Bali d/o Punaram Uikdy, Ashish s/o Kisan Walde, National Insurance Company, Ashokkumar s/o Lakhiram Dhaker
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Nature of Litigation
Appeal against award of Motor Accident Claims Tribunal regarding apportionment of compensation.
Remedy Sought
Appellant sought correction of apportionment of compensation between mother and sister of deceased.
Filing Reason
Typographical error in Tribunal's order led to incorrect apportionment of compensation.
Previous Decisions
Motor Accident Claims Tribunal, Nagpur awarded Rs.1,95,000 in Claim Petition No.687/1995, with apportionment order containing typographical error.
Issues
Whether the apportionment of compensation by the Tribunal was erroneous due to a typographical error.
Submissions/Arguments
Appellant argued that the Tribunal should not have apportioned the amount as done in the award.
Ratio Decidendi
The Tribunal's order contained a typographical error in apportionment; the High Court corrected it to reflect the intended distribution where the mother receives the major share and the sister a token amount.
Judgment Excerpts
Obviously, instead of awarding the amount of Rs.25,000/- to the petitioner no.3 - Bali Punaram Uikey (sister), and awarding rest of the amount to the respondent no.2 Sikhman wd/o Punaram Uikey (mother), the learned Tribunal did the reverse.
Procedural History
Claim Petition No.687/1995 was filed before Motor Accident Claims Tribunal, Nagpur, which awarded compensation on an unspecified date. The appellant, New India Assurance Company, filed First Appeal No.308/2007 before the Bombay High Court, Nagpur Bench, challenging the apportionment. The appeal was heard and decided on 31/3/2012.
Acts & Sections
- Motor Vehicles Act, 1988:
