NEW INDIA ASSURANCE CO. LTD. Vs. MASTER ABHINAV

JUDGEMENT

(1.) There is a very short controversy involved in these proceedings. Respondents No.1 and 2 before this Court filed claim petition No.44-S/2 of 2009 before Motor Accident Claims Tribunal, Shimla seeking compensation on account of the death of Smt. Namita Sharma, mother of respondent No.1 and wife of respondent No.2, who unfortunately lost her life in a bus accident. This claim petition was allowed by the learned Tribunal vide award dtd. 25/5/2015, in the following terms:-

(2.) For completion of facts, it is necessary to mention that the Insurance Company preferred an appeal against the award passed by the learned Tribunal before this Court. During the pendency of the appeal, the execution of the award was stayed by this Court. The appeal was dismissed by the Court on 27/5/2016.

(3.) Thereafter, in the year 2018, the claimants preferred an application under Sec. 152 of the Code of Civil Procedure for amendment of the award on the ground that in Para-36 of the award, learned Tribunal had held that the appropriate multiplier taking into consideration the age of the deceased was 13, but while making final calculations, in Para-38, erroneously multiplier of 9 was applied instead of 13. Said application was allowed by the learned Tribunal in terms of order dtd. 25/5/2015 (Annexure P-3) without notice to the present petitioner and the award passed by the learned Tribunal was modified as following:-