ORIENTAL INSURANCE CO. LTD. Vs. SONIKA & ORS.

JUDGEMENT

(1.) THE Appellant Oriental Insurance Company Limited impugns a judgment dated 31.08.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.3,84,100/ - was awarded in favour of the First Respondent for having suffered injuries in a motor accident which occurred on 05.05.2006. Subsequently, an application dated 15.12.2010 under Section 151 and 152 of the CPC was moved by the Appellant for correction of certain clerical mistakes on the ground that some payments which have been made by the First Respondent towards the advance payment are also reflected and have been taken into consideration in the payment of the final bills. Thus, it was urged that the First Respondent has been paid the amount twice. The application was dismissed by the Claims Tribunal with a cost of Rs.25,000/ - on the ground that the same was frivolous. A sum of Rs.10,000/ - was directed to be recovered from the salary of the delinquent official of the Appellant.

(2.) THE learned Counsel for the Appellant has taken me through host of the documents placed on record of the paper book and also the bills Ex.PW -1/6 and PW -1/7. Tabulated charts in the form of Annexure 1, Annexure 2 and Annexure 3 were also placed on record. In the Column of 'Remarks' it has been demonstrated that the entries at Serial No. 8, 16, 17, 20, 24, 27, 36, 49, 54, 57, 68, 69, 81, 123 and 124 have been taken into consideration in the final bill as well as towards the advance payment.

(3.) THE compensation thus stands reduced from Rs.3,84,100/ - to Rs. 2,76,552/ -.