BELOW SPEAKING TO MINUTES
1. This speaking to minutes is filed for correction / modification in order dated 16.04.2012 passed by this Court in First Appeal No.1084 of 2012 wherein in paragraph No.5, the Court has observed as under:-
"5. As a result of hearing and perusal of records, this court is of the view that considering the evidence on record and the facts and circumstances of the case, the Tribunal came to the conclusion that the appellant sustained injuries as a result of the rash and negligent driving of the original opponent no. 1. The Tribunal has assessed the disability of the whole body at 11%. The Tribunal also assessed the monthly income of the appellant at Rs. 13000/- which is admitted by the appellant. Nothing is pointed out before this Court to take a contrary view. The Tribunal has finally quantified the amount of compensation at Rs. 67,500/-. This court is in complete agreement with the reasonings adopted and findings arrived at by the Tribunal and therefore do not see any reason for causing interference."
2. But, through oversight, mistake has been crept in the order. Therefore, now, said paragraph 5 of order dated 16.04.2012 reads as under:-
"5. As a result of hearing and perusal of records, this court is of the view that considering the evidence on record and the facts and circumstances of the case, the Tribunal came to the conclusion that the deceased died due to rash and negligent driving of the opponent No.1. The Tribunal has assessed the monthly income of the deceased at Rs.2,000/- which is just and proper. Nothing is pointed out before this Court to take a contrary view. The Tribunal has finally quantified the amount of compensation at Rs. 2,97,500/-. This court is in complete agreement with the reasonings adopted and findings arrived at by the Tribunal and therefore do not see any reason for causing interference."
3. Note for speaking to minutes is disposed of accordingly.
[ K. S. JHAVERI, J. ] vijay Top