Kotlapati Prameelamma Another vs N. Sarojanamma Another
2022 Latest Caselaw 7064 AP

HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE: MA CMA No.523 of 2006

PROCEEDING SHEET

Sl. Date Order Office No. note 15.06.2022 KVL,J

FOR BEING MENTIONED:

IA No.1 of 2022 in MA CMA No.523 of 2006

This petition is filed seeking correction of arithmetical mistake crept in the judgment and decree in MA CMA No.523 of 2006 dated 10.03.2020.

In the affidavit filed in support of the petition, it is stated that, as far as quantum is concerned, this Court took the income of the deceased at Rs.1800/- p.m. as was done by the Tribunal but however added 40% towards future prospects and arrived at Rs.30,240/- as annual income i.e., Rs.1800/- + 720/- (Rs.1800 x 40/100 = 2,520 x 12 = Rs.30,240/-); it is further stated that though this Court observed that 1/3rd has to be deducted towards the personal expenses from the said sum of Rs.30,420/-, no such deduction was made and taking total annual income of Rs.30,240/- and applying the multiplier of 16, this Court arrived at Rs.4,83,840/- towards loss of dependency; as observed by this Court, if 1/3rd is deducted from Rs.30,240/-, it comes to Rs.20,160/- (i.e., Rs.30,240/- - Rs.10,080/- = Rs.20,160/-) and after applying the multiplier of 16, it comes to Rs.20,160/- x 16= Rs.3,22,560/-, but this Court assessed the total loss of dependecny at Rs.4,83,840/- instead of Rs.3,22,560/-; in para 11, the annual income of the deceased with future prospects, it is typed as Rs.27,000/- instead of Rs.30,240/-; in the same para, it is typed that the petitioners are entitled for a sum of Rs.5,53,840/- instead of Rs.3,92,560/- and it is purely an arithemetical mistake crept in the order and decree and seeks to modify the same.

Learned counsel for the appellants-claimants does not dispute the same.

In view of the same, petition is ordered and the Registry is directed to issue modified order and decree as detailed hereunder.

At para 11, (1) in the place of Rs.27,000/- it is to be typed as Rs.30,240/-, (2) in the same para, in the place of Rs.4,83,840/- it is to be typed as Rs.3,22,560/-, (3) in the last line of para 11, in the place of Rs.5,53,840/-, it is to be typed as Rs.3,22,560/- and (4) at para 14, it is to be typed as Rs.3,22,560/- in the place of Rs.5,53,840/-.

_______ KVL, J bss