Errors in judgments, including typographical mistakes in policy numbers, qualify for correction under Section 152 of the CPC to ensure the enforcement of just compensation.

JUDGMENT :
S.K. MISHRA, J.

1. The Writ Petition has been preferred by the Petitioners to set aside the order dated 11.04.2023 passed by the District Judge-cum-1st Motor Accident Claims Tribunal, Kendrapara, in M.A.C No.97 of 2017 (Annexure-6) vide which the court below rejected the petition filed by the Petitioners under Section-152 of the CPC for correction of the Policy Number in paragraph 12 of the judgment.

2. The brief background facts, which led to file the present Writ Petition, is that on 06.04.2017 while the son of the Petitioner Nos.1 & 2, who is the brother of the Petitioner No.3, was going in his motor cycle bearing Registration No.OD-02-AE-2915 as a pillion rider from Chaudakulat on Chaudakulat-Gogua road, a truck bearing registration no.OR-09-E-9967 came from Chaudakulat side in a rash and negligent manner and dashed the motor cycle from behind. Due to the said accident the deceased was crushed to death and his motor cycle was badly damaged. The occurrence took place at about 6.30 A.M..

3. Therefore, the Petitioners filed a claim application before the court below claiming a compensation of Rs.20,00,000/- from the Opposite Parties and the said claim case was registered as MAC No.97 of 2017.

4. On being noticed, the Opposite Parties appeared in the said case and contested the same on merit. However, after analyzing the documents and other evidence on record, the Court below allowed the said case vide judgment dated 16.12.2022 and directed the Opposite Party No.2/Insurance Company (present O.P.No.2) to pay the compensation amount Rs.12,28,500/- along with simple interest @ 6% per annum from the date of filing of the application i.e. 10.11.2017 till its realization.

5. After pronouncement of the said judgment, the Petitioner approached the Opposite Party No.2 for payment of compensation amount in terms of the said judgment. However, while scrutinizing the judgment, it was detected that in page no.7 of the said judgment, in 7th line of Para-12, the Policy Number has been wrongly typed as “345304/31/2017/78” instead of “345304/31/2017/5078”.

6. The case of the Petitioners is that the error crept in the said judgment, as there was inadvertent typographical error /omission crept in serial no.12 of the claim petition, where the policy number of the offending vehicle was inadvertently mentioned as 345304/31/2017/78 instead of 345304/31/2017/5078. It is further case of the Petitioners that when the owner of the offending vehicle filed its written statement, in Para-9 of the WS, the said mistake was also admitted by the Opposite Parties. However, the Opposite Party No.2/Insurance Company, while filling its Written Statement, though did not mention the policy number of the offending vehicle, but did not dispute as to the coverage of the offending vehicle under the said policy number.

7. However, on being advised by the officers of the Opposite Party No.2 Company to get the said mistake rectified from the court below, the petitioners moved an application on 11.04.2023 under Section 152 of the CPC . The Court below rejected the said petition on the ground that the prayer made in the petition is beyond the scope under Section-152 of the Code of Civil Procedure. At this juncture it would be apt to reproduce below section-152 of for ready reference:-

“152. Amendment of judgments, decrees or orders – Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties.”

8. Though the said mistake was not disputed by the present Opposite