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2006 Supreme(Ker) 565

J.B.KOSHY, M.N.KRISHNAN
Asmath Khan – Appellant
Versus
Chandrahasa Bangara – Respondent


Judgment :-

Koshy, J.

The appellant-petitioner met with an accident which resulted in fracture of his left lower limb. The Tribunal has calculated a compensation of Rs.2,37,120/- and passed an award. Thereafter, I.A.No.1219/98 was filed by the appellant under Section 152 of the Code of Civil Procedure to correct an arithmetical error occurred in paragraph 20 in computation of annual income and consequently in the total amount of compensation awarded. The insurance company filed I.A.No.1293/98 for reviewing the award as compensation was calculated for permanent disability at 40%, though 40% disability as per the certificate produced by the claimant himself is attributable only to the lower limb and not to the whole body. The Tribunal considered both the applications and allowed both the applications partly. Instead of Rs.2,37,120/- originally awarded, the Tribunal awarded an amount of Rs.2,49,520/-. Now the contention of the appellant-claimant is that the Tribunal cannot review the award passed for any reason. It can only correct a clerical or arithmetical error. As far as his application is concerned, it is only for correction of a mathematical error, whereas the application of the










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