A court or tribunal may invoke its ministerial power under Section 152 of the Civil Procedure Code during execution proceedings to rectify accidental arithmetical or computational errors in an award, provided such corrections do not involve re-opening the merits of the case or altering substantive judicial findings.

JUDGMENT :

GAUTAM KUMAR CHOUDHARY, J.

1. Both these civil miscellaneous petitions arise of the order passed at the execution stage arising out of Motor Accident Claim Case No. 100 of 2017, whereby and whereunder a compensation of Rs. 45,84,000/- has been allowed in favour of the claimants for the death of Baikunth Mishra who is the father of the claimants.

2. Petitioner no.1 of the claimants moved the learned Tribunal for modification of the award, to recall the direction to deposit 50% of the compensation amount in fixed deposit scheme for a period of six years.

3. Learned counsel appearing on behalf of the claimant contended that on account of death of his father and financial hardship, he is in need of the amount for the present and therefore, the petition for release of the entire sum was made before the learned Tribunal. It is also submitted that the claimant is major and therefore, there was no reason to deposit 50% of the amount in fixed deposit scheme.

4. Considering the grounds taken for partial modification of the award, the Civil Miscellaneous Petition No. 13 of 2025 is allowed and petitioner will be permitted to withdraw the total compensation amount awarded in his favour in Motor Accident Claim Case No. 100 of 2017.

5. The Insurance-Company has preferred the civil miscellaneous petition against the order passed by the learned Tribunal on 21.12.2024 by which the petition filed on behalf of the Insurance-Company to correct the computational error in assessing the award of compensation has been rejected.

6. It is submitted by the learned counsel on behalf of the Insurance-Company that indisputably the deceased died leaving behind only two claimants. Therefore, as per the ratio laid down by the Hon’ble Supreme Court in Sarla Verma & Ors. Vs. Delhi Transport Corp. & Anr. case and followed in National Insurance Company Ltd. vs. Pranay Sethi the deduction under personal and living expense should have been 1/3^rd and not 1/4^th. However, learned Tribunal has erred in applying one-fourth deduction which can be made only where number of dependents are 4 to 6.

7. Insurance Company had moved the learned tribunal for rectifying this computational error, which has been rejected vide order dated 21.12.2024.

Hence this civil miscellaneous Petition.

8. Learned counsel on behalf of the claimants submits that the judgment and award of compensation have not been challenged and the issue has been raised by the Tribunal at the executing stage which cannot go beyond the decree/award.

9. This Court is of the view that error in computation in the award can be corrected even at the stage of execution for the reason on such errors committed by the Court, no substantive right accrues in favour of the claimants.

10. Law is settled that a judgment debtor can invoke Section 152 of the CPC to correct calculation errors, such as clerical or arithmetical mistakes, during the execution stage, provided the error is an accidental slip or omission that does not go to the merits of the case or involve an intentional or substantive mistake. The power under Section 152 of the CPC is limited to ministerial corrections and does not extend to passing new or effective judicial orders or correcting errors that affect the merits of the case. It has been held in State of Punjab v. Darshan Singh , (2004) 1 SCC 328 :

12. Section 152 provides for correction of clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission. The exercise of this power contemplates the correction of mistakes by the court of its ministerial actions and does not contemplate passing of effective judicial orders after the judgment, decr