Sabu C.K vs K.V.Sebi
2022 Latest Caselaw 8501 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE AMIT RAWAL
          Wednesday, the 6th day of July 2022 / 15th Ashadha, 1944
                 IA.NO.1/2020 IN MACA NO. 1620 OF 2013 (B)

    OP(M.V) 165/2006 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, MUVATTUPUZHA.




PETITIONER/3RD RESPONDENT

     UNITED INDIA INSURANCE CO.LTD., REPRESENTED BY ITS MANAGER, REGIONAL
     OFFICE, HOSPITAL ROAD, KOCHI - 682 016.

APPELLANT/CLAIMANT/RESPONDENTS 1 & 2

  1. SABU C.K., S/O.KRISHNAN, CHIRAPURATH HOUSE, NELLIKUZHI,
     KOTHAMANGALAM, ERNAKULAM.
  2. K.V.SEBI, KORATTY HOUSE, THANGALLUR P.O., THRISSUR - 680 581.
  3. C.O.BABU, S/O.PORINCHU, CHITTATHUKARA HOUSE, P.O.PERAMANGALAM,
     THRISSUR - 680 545.




     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to modify/rectify the
mistake crept in the judgment of this Court in MACA No.1620/2013 dated
12-12-2019 up to the extent that the total enhanced compensation payable
by this petitioner/3rd respondent is only an amount of Rs. 2,86,460/-.


     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S.RAJESH THOMAS & P.M.M.NAJEEB KHAN, Advocates for the applicant (
Respondent No.3 in MACA) and of SRI.K.K.MOHAMED RAVUF, Advocate for the
Respondent 1(Appellant in MACA), the Court passed the following:


                                                            p.t.o
                                  AMIT RAWAL, J.
                         =================
                              I.A.No.1 of 2020 in
                           M.A.C.A.No.1620 of 2013
                      =====================
                      Dated this the 06th day of July, 2022

                                     ORDER

In paragraph 8 of the judgment in M.A.C.A.No.1620 of

2013, there is a typographical error that the compensation for

permanent disability has been fixed at Rs.9,28,200/- instead of

Rs.3,44,760/-. Accordingly, paragraph 8 of the judgment is

hereby modified to the following effect:

1. Loss of income - 3,90,000/- (6500 x 60)

2. Permanent disability- 3,44,760/- (6500x12x17x26%)

3. Future expenses - 50,000/-

Thus the enhanced total compensation comes to

Rs.7,84,760/-. After deducting the amounts of Rs.22,500/-

towards loss of income and Rs.1,24,800/- towards permanent

disability already awarded by the MACT, the balance amount

payable comes to Rs.6,37,460/- (3,67,500+2,19,960+50,000).

IA stands allowed with the aforesaid modification.

Sd/-

AMIT RAWAL, JUDGE naksa

06-07-2022 /True Copy/ Assistant Registrar