Veer Bala and 2 Others Vs Motor Accident Claims Tribunal and 3 Others

Court No. - 5

Case :- WRIT - C No. - 12646 of 2019

Petitioner :- Veer Bala And 2 Others Respondent :- Motor Accident Claims Tribunal And 3 Others Counsel for Petitioner :- Satya Deo Ojha

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Hon'ble Ashok Kumar,J.

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Heard learned counsel for the petitioners.

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Learned counsel for the petitioners has submitted that the order impugned passed by the Motor Accident Claims Tribunal, Fast Track Court No. 1, Saharanpur dated 19.01.2019 is incorrect order, by which the Tribunal has rejected the petitioners correction application.

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Learned counsel for the petitioner has submitted that admittedly the court below while passing the award has held that there was only one dependent namely Smt. Veer Bala, wife of the deceased Kusumpal and that the learned Tribunal has categorically and clearly held that 1/3rd amount of the total income may have been utilized by the deceased as his own expenses, therefore, the dependent was entitled to get 2/3 of the total income which may be earned by the deceased.

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In the correction application, learned counsel for the petitioner has pointed out that there is discrepancy in the award while calculating the compensation as the Tribunal has compensated the dependent wife only 1/3 instead of 2/3.

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I have heard learned counsel for the petitioners and perused the impugned order passed by the Tribunal rejecting the correction application of the petitioners, I find that the contention of the learned counsel for the petitioners prima facie is correct which is not properly examined and considered by the Tribunal.

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In view of the aforesaid impugned order dated 19.01.2019 passed by the Motor Accident Claims Tribunal in Misc. Case No. 12 of 2017 is set aside and the matter is remanded to the Tribunal to re-examine and reconsider the petitioners miscellaneous application and the claim.

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The writ petition is accordingly disposed of.

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Order Date :- 11.4.2019 M. ARIF

Veer Bala and 2 Others v. Motor Accident Claims Tribunal and 3 Others

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Veer Bala and 2 Others v. Motor Accident Claims Tribunal and 3 Others

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