BELOW SPEAKING TO MINUTES Speaking to minutes has been filed pointing out certain typographical errors contained in para 8.0 of the order dated 18.04.2012 passed in First Appeal No.2114 of 2004. On perusal of the order it is found that the error pointed out is genuine and requires correction. Therefore paragraph 8 of the said order shall be substituted as under:
"8.0 In view of the above, the total compensation would come to Rs.140640/- (Rs.107640/- towards future loss of income + Rs.15000/- towards pain, shock and suffering + Rs.10000/- towards medical expenses + Rs.5000/- under the actual loss of income + Rs.2000/ towards transportation + Rs.1000/- under the head of special diet). There is negligence on the part of the appellant's driver to the extent of 30%. Therefore, the appellant is liable to pay 30% of the total compensation. 30% of Rs.1,40,640/- would come to Rs.42192/-. The Tribunal has awarded Rs.82000/-. Therefore, the excess amount of Rs.39808/- (Rs.82000/- - Rs.42192/-) shall be refunded to the appellant-Insurance Company with proportionate interest and costs. If the amount is already withdrawn by the claimants, it will be open to the Insurance Company to recover the same from the owner of the vehicle. The award is modified accordingly. Appeal is allowed to the aforesaid extent with no order as to costs. If any amount lying with the Registry of this Court, the same shall be transmitted to the concerned Tribunal forthwith."
Speaking to Minutes stands disposed of accordingly.
(K.S.JHAVERI, J.) niru*