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Judgment
Heard.
In the present matter, the order impugned is dated 15.02.2018 passed below Exhibit 1, i.e. in Misc. Civil Application No. 2 of 2015, which was rejected by learned Tribunal by holding that the grievance which was raised for correcting the calculation towards the medical bills cannot be exercised by the Tribunal as same will amount to review under Section 152 of Civil Procedure Code. Therefore, the appellant with a limited grievance approached before this Court by way of present appeal.
In the present appeal, it is admitted fact that the learned Tribunal by its judgment dated 19.11.2014 decided the M.A.C.P. No.22 of 2007 and thereby awarded the compensation of Rs.8,40,800/- to the respondent-claimant.
It is the submission of the present applicant that total medical bills of Rs.5,96,296/- were produced on record by claimant and as same are proved, the claimant was/is entitled for that amount only however as per pursis at Exhibit 48 filed by claimant before the Tribunal, he has calculated total bills up to the tune of Rs.6,81,752/-. Therefore, the excess amount of Rs.85,456/- has been paid to the claimant and, for that purpose, as it is an arithmetical mistake in the judgment, the application was moved, before the Tribunal for correction of amount in the impugned judgment.
The learned Tribunal, by the impugned order dated 15.02.2018 has rejected the said application by holding that any correction in the impugned order would amount to review, and same is not permissible, and therefore rejected the application on this sole ground.
In the present matter, the respondent-claimant on 05.08.2026 filed a pursis on record. According to him, the Tribunal has awarded excess amount of Rs.36,886/- only. According to him, only the medical bills to the tune of Rs.36,886/- were not exhibited and rest of the bills were duly exhibited before the Tribunal as per original record of petition.
Learned Counsel for the appellant has stated that the medical bills at Exhibit 56 of Rs.15,530/- are required to be added in this amount because same were not proved by the appellant before the Tribunal.
Learned Counsel for the respondent-claimant has pointed out that said medical bills are duly exhibited and, therefore, once the document has been exhibited, now the appellant cannot raise any objection against the exhibited documents.
In the circumstances, considering the rival submission of both the parties, the amount of Rs.36,886/-, found to be in excess paid to the appellant. As such, the following order is passed:
ORDER
The appeal is partly allowed.
ii) The judgment delivered by Motor Accident Claims Tribunal, Buldana dated 19.11.2014 in M.A.C.P. No.22 of 2007 is modified to the extent that the excess amount of Rs.36,886/-shall be deducted from the total compensation amount. As such, the respondent-claimant would be entitled for the amount of Rs.8,40,800 – Rs.36,886 = Rs.8,03,914/-.
iii) The rest of the judgment and order passed by the Motor Accident Claims Tribunal, Buldana is confirmed.
The First Appeal stands disposed of accordingly. No order as to the costs.