LAWS(P&H)-1985-5-68

SURJIT KAUR Vs. GENERAL MANAGER, PUNJAB ROADWAYS

Decided On May 20, 1985
SURJIT KAUR Appellant
V/S
General Manager, Punjab Roadways Respondents

JUDGEMENT

(1.) THE claim for compensation filed by the claimants, they being the mother, widow and minor son of Joginder Singh deceased, was declined, on the Tribunal returning a finding against them on the issue relating to negligence. This, in turn, was based largely upon the date of accident being recorded in the claim application as June 9, 1983 whereas evidence was led to show that the accident occurred on June 8,1983. Mr. M.L. Sarin, counsel for the claimants attributed this to a mere typing error, namely ; that the date of the accident was worngly written as June 9, 1983 instead of June 8, 1933. To rectify this error, he sought amendment of the claim-application with a view to mentioning therein the date of the accident being June 8, 1983.

(2.) THERE can be no manner of doubt that this is an ovious case of mere typing error and interest of justice thus impel allowing the amendment as prayed for. The impugned Award of the Tribunal is accorningly hereby set aside and the Tribunal is directed to decide the matter afresh in accordance with law. Cost of this appeal shall be costs of the proceedings.