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Bombay High CourtCAF/702/2021ca disposed off

Mangesh Laxmanrao Kaware v. Manik Gulabrao Halade And Another

2021-07-09Hon'Ble Shri Justice Vinay Joshi2 pages

1 1 caf 702.2021.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 702 OF 2021 IN FIRST APPEAL NO. 965 OF 2018 (D) Mangesh Laxmanrao Kaware ..vs..

Manik Gulabrao Halade and anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S. Alaspurkar, Advocate for applicant/appellant. Shri M.N. Upadhyay, Advocate for Respondent no.1. Shri V.H. Kedar, Advocate for Respondent no.2. CORAM : VINAY JOSHI, J.

DATED : 09/07/2021 Hearing was conducted through Video Conferencing.

2.

This application is taken out by Respondent no.2-M.S.R.T.C. for correction of arithmetical mistake occurred in the final judgment passed by this Court in First Appeal No.965 of 2018.

3.

It reveals from paragraph 9 of the judgment that, due to oversight the amount of compensation has been miscalculated.

4.

Shri S.S. Alaspurkar learned Counsel for the applicant/appellant fairly gave no objection. In view of that, following order :

2 1 caf 702.2021.2021 (i) The clause (1) and (2) in paragraph 9 of the judgment stands deleted. Clause no.3 in paragraph 9 be substituted by following chart:

1. Use of multiplier of (1500 x 18) 2,70,000/- Medical Expense 10,000/- Special Diet 5,000/- Pain and suffering 5,000/- Conveyance Charges5,000/- Total 2,95,000/- (ii)In paragraph 10 of the judgment the amount of total compensation of Rs.3,70,000/- be substituted by 'Rs.2,95,000/-'.

(iii)Respondent no.2 is directed to deposit the compensation amount along with accrued interest before the Trial Court.

JUDGE Trupti