BEFORE THE HON’BLE MR. JUSTICE S. TALAPATRA 22.08.2017 Heard Mr. R. Datta, learned counsel appearing for the petitioner. This is a petition filed under Article 227 of the Constitution of India for correction of mistake in describing the name of one of the claimants, namely Tapas Shil whom has been recorded in the claim petition being T.S.(MAC) No.28 of 2011 as Tapan Shil being the claimant No.2. Similarly, his name has accordingly been recorded in the judgment and award dated 15.07.2011 delivered in that claim proceeding. Mr. Datta, learned counsel appearing for the petitioner has submitted that the awarded sum has been deposited by the respondent, the Branch Manager, the National Insurance Company Ltd. Therefore, the owner and the insurer cannot have any say over the issue that has fallen for consideration of this court i.e. for correcting the name of the claimant No.2 from Tapan Shil to Tapas Shil. For this purpose, the petitioner had filed an application under Section 153 of the CPC for amending the judgment or correction of the error as above but the said petition was dismissed by the order dated 15.09.2015 by the Motor Accident Claims Tribunal, South Tripura, Belonia holding that the question that has been raised by the petitioner does not fall within the purview of Section 153 of the Cr.P.C.
