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Judgment
Heard Mr. S. Roy, learned counsel appearing for the applicants.
Mr. Roy, learned counsel having referred to the judgment dated 14.01.2020 delivered in MAC.APP.No.43 of 2018 has pointed out to this court that in the last part of the said judgment, this court has recorded thus:
"Therefore, waiving all doubts, this court is of the view that he claimants who entered their feet in the shoes of the victim are entitled to get the said award. The said award shall be paid with interest @ 6% per annum from the date of filing of the claim petition i.e.09.12.2016....."
Mr. Roy, learned counsel has candidly submitted that the date of filing of the claim petition has been recorded as 09.12.2016 which is not correct and de horse the record. The correct date of filing of the claim petition is 20.05.2011.
This court has verified the said date from the judgment dated 16.01.2013 as delivered in Title Suit(MAC). No.188 of 2011 by the Motor Accident Claims Tribunal No.2, West Tripura, Agartala. It has been clearly mentioned in the said judgment as follows:
"In the result, the petition under Section 166 of the Motor Vehicles Act is hereby allowed on contest. The petitioner is entitled to get compensation of Rs.62,855/-(Rupees sixty two thousand eight hundred and fifty five) only along with interest @ 9% (nine percent) per annum from the date of filing of this petition, i.e., on 20.05.2011 till the date of payment. The opposite party No.2, the United India Insurance Company Limited is hereby directed to pay the said amount of compensation together with interest as stated above to the petitioner within a period of 30(thirty) days from the date of judgment." [Emphasis added]
The recording of the date of filing of the claim petition is incorrect and such entry has been made due to inadvertence and hence it requires to be corrected.
Hence, it is ordered that in Para-13 where it has been written as from the date of filing of the claim petition i.e. 09.12.2016 it will be substituted by the date "20.05.2011."
Thus, on correction the sentence [Para-13] shall read as follows :
"The said award shall be paid with interest @ 6% per annum from the date of filing of the claim petition i.e.20.05.2011."
The Registry is directed to make necessary correction in the original judgment and order dated 14.01.2020 delivered in MAC APP.No.43 of 2018 in terms of this order and as a measure of abundant caution, this order shall form part of the judgment and order dated 14.01.2020.
Accordingly, this application stands allowed and disposed of.
A copy of this order be furnished to the counsel for the parties who appeared in MAC APP.No.43of 2018 as expeditiously as possible.