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2025 DAILYLAW 12913 (JK)

MADAN LAL v. RAMAN KUMAR AND OTHERS

Mac App/108/2022 · 2025-09-01

Sindhu Sharma

body2025

Judgment text

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Sr. No. 01 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM No. 6474/2025 in Mac App No. 108/2022 Madan Lal …. Petitioner/Appellant(s) Through:- Ms. Himani Uppal, Advocate V/s Raman Kumar & ors. …..Respondent(s) Through:- Mr. Amrit Sarin, Advocate CORAM : HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE ORDER 29.10.2025 01. Instant application is under section 152 of the Code of Civil Procedure. 02. The applicant preferred an appeal against the award dated 29.03.2022 passed by the Motor Accident Claims Tribunal, Samba. This appeal was partly allowed vide judgment dated 01.09.2025 and enhanced the awarded amount. 03. It is submitted that certain clerical/typographical error has occurred in Paragraph No. 19 of the said judgment, in which though an award of Rs.2,00,000/- under the head of loss of amenities of life passed by the Tribunal, was maintained but inadvertently, in the tabular statement contained in Paragraph No. 20 of the said judgment, the said amount has been erroneously reflected as Rs.50,000/- instead of Rs.2,00,000/-. 04. Further, in Paragraph No.18 of the judgment dated 01.09.2025, cost of wheel chair i.e., Rs. 3 Lakhs was added to the medical expenses 2 of Rs. 10 Lakhs but instead of Rs.13 Lakhs, due to typographical error, Rs.15 Lakhs is reflected in the order. 05. Having heard learned counsel for the parties and upon perusal of the record, this Court is of the view that the aforesaid errors are purely clerical/typographical in nature and require correction. 06. Accordingly, the following corrections are carried out in the judgment dated 01.09.2025:- (i) In paragraph No. 19, the word 8not9 before 8erred in awarding9, is to be added; (ii) The figure of ₹50,000/- under the head 8Loss of amenities of life9 shall be read as ₹2,00,000/-; (iii) The figure of Rs. 15 Lakhs mentioned in the 3rd line from the bottom of page 8 shall be read as Rs. 13 Lakhs. 07. In view of the above, this application is allowed and the table of compensation as corrected shall read as under:- Heads of Compensation Tribunal Award (Rs.) Court Enhanced Award (Rs.) Loss of future income ₹17,01,000 ₹26,46,000 Pain & suffering ₹3,00,000 ₹5,00,000 Loss of amenities of life ₹2,00,000 ₹2,00,000 Medical expenses (including wheel-chair) ₹10,00,000 ₹13,00,000 Transport charges ₹50,000 Nil Special Diet ₹50,000 Nil Attendant Charges ₹6,00,000 ₹15,00,000 Total ₹39,01,000 ₹61,46,000 08. The judgment dated 01.09.2025 shall stand corrected to the aforesaid extent. This order shall form part of and be read conjointly with the judgment dated 01.09.2025. 09. Application stands disposed of as such. (SINDHU SHARMA) Judge JAMMU RAM MURTI/PS 29.10.2025 Ram Murti 2025.11.03 17:26 I am the author of this document