Kousalya, Suresh rep. by his next friend and natural Guardian, Mother Kousalya, Perumal and Chennammal vs A.P. Mani and The New India Assurance Company Limited

A.C. Arumugaperumal Adityan, J.—Heard the learned Counsel appearing for the revision petitioners. Inspite of service of notice, there is no representation for only contesting second respondent.

Under this Civil revision petition, an order passed in I.A. No. 14 of 2005 in M.C.O.P. No. 888 of 2001 on the file of the Court of Principal District Judge, Salem is under challenge which was filed by the claimant u/s 152 of CPC seeking the indulgence of the Tribunal to correct the age of the deceased as 38 instead of 53 and also to adopt multiplier 16 instead of 11, while calculating the award of compensation. Even under the award, the learned Motor Accidents Claims Tribunal at paragraph 11 has referred the age of the deceased as 38 years but at paragraph 11 under point No. 3(Paragraph 11 has been mentioned twice at page Nos 6 and 7 of the award) after referring to Ex A2 has inadvertently mentioned the age of the deceased as 53 instead of 38 years,thereafter, the mistake continued. Instead of applying multiplier 16 while arriving at the award of compensation, the learned Tribunal has applied multiplier 11. While disposing of I.A. No. 14 of 2005, there was no reference to Ex A2 post mortem certificate and there was no reference to the points raised by the petitioner in I.A. No. 14 of 2005 in respect of the mistake occurred in the award, nodoubt, the error is apparent on the face of the record. In support of his contention, the learned Counsel appearing for the revision petitioners placed reliance on a dictum in Niyamat Ali Molla Vs. Sonargon Housing Co-operative Society Ltd. and Others, .

In fine, this civil revision petition is allowed and the order passed in I.A. No. 14 of 2005 in M.C.O.P. No. 888 of 2001 on the file of the Motor Accidents Claims Tribunal/Principal District Court, Salem is set aside and the matter is remitted to the learned Tribunal to dispose of I.A. No. 14 of 2005 in M.C.O.P. No. 888 of 2001 on the basis of Ex A2 post mortem certificate afresh, in accordance with law, within a period of three weeks from the date of receipt of a copy of this order. No costs.