Shantabai Vishnu Lakheand Others v. Brijlal Ramnarayan Baheti And Another

{1} ca8214-13 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8214 OF 2013 IN FIRST APPEAL NO.1976 OF 2012 Shantabai Vishnu Lakhe and Others APPLICANTS

VERSUS

Brijlal Ramnarayan Baheti and Another RESPONDENTS .......

Mr. V. A. Mane h/f B. R. Sable, Advocate for the applicants .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 10 th APRIL, 2018 ORDER :

1.

Learned advocate for the applicants submits that while filing civil application No. 8214 of 2013, it had not been realized that claim of applicants No.2 and 3 had been dismissed by the Motor Accident Claims Tribunal and the amount of compensation under the award was directed to be paid to claimant No.1 - applicant No.1. In the circumstances, he submits that while an application had been filed for withdrawal, title clause of the claim petition had been carried and as such, claimants No.2 and 3 came to be shown as applicants No.2 and 3.

2.

In view of aforesaid, while the tribunal has dismissed the

{2} ca8214-13 claim of claimants No.2 and 3, application had been moved under inadvertence also showing and incorporating names of claimants No.2 and 3. It appears to be an inadvertent and unintentional mistake. As such word "applicants" appearing in order dated 1st February, 2018 would mean "claimant No.1" only. Necessary corrections in respect of the same be carried out and word "applicants" be substituted by the word "claimant No.1 - applicant No.1" in the order dated 1st February, 2018. These corrections shall be deemed to be subsisting, carried out and effected from 1st February, 2018. Motion disposed of. [SUNIL P. DESHMUKH, J.] drp/ca8214-13