Skip to content


Anand Kumar JaIn Vs. Union of India (Uoi) and anr. - Court Judgment

LegalCrystal Citation
SubjectMotor Vehicles
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 3135 of 1985
Judge
Reported inAIR1986SC1125
AppellantAnand Kumar Jain
RespondentUnion of India (Uoi) and anr.
DispositionAppeal allowed
Excerpt:
.....under section 152 is limited to rectification of clerical and arithmetical errors arising from any accidental slip or omission. there cannot be reconsideration of merits of matter and sole object of provision is based on maxim actus curiae neminem gravabit i.e., an act of court shall prejudice no man. herein, the issue requiring adjudication by executing court did not call for and was clearly beyond scope of section 152. imposition of costs: [d.k.jain & r.m. lodha,jj] abuse of process raising of frivolous plea of identification of judgment-debtor in execution, with the result that although over a decade had gone by, yet decree-holder has not been able to enjoy the fruits of money decree so far. cost of rs 20,000/- imposed. actus curiae neminem gravabit:[d.k. jain & r.m...........enhancement of the original claim of rs. 40,000/- to rs. 3 lakhs on the ground that permanent disability to the extent of 50% was discovered alter he had filed his original claim. there is no reason why this amendment should not be granted. we therefore, allow the appeal, set aside the order passed by the high court as also the order passed by the motor accident claims tribunal and allow the application of the appellant to amend the claim petition, as prayed for by him. the amendment will be carried out by the appellant within 6 weeks from the date of receipt of the copy of this order by the motor accident claims tribunal. the respondents will file their supplementary written statement, if any, within 2 weeks from the date when the amendment is carried out. there will be no order as.....
Judgment:

1. Leave granted.

2. This is a fit case in which the amendment prayed for by the appellant should have been allowed. The appellant merely wanted enhancement of the original claim of Rs. 40,000/- to Rs. 3 lakhs on the ground that permanent disability to the extent of 50% was discovered alter he had filed his original claim. There is no reason why this amendment should not be granted. We therefore, allow the appeal, set aside the order passed by the High Court as also the order passed by the Motor Accident Claims Tribunal and allow the application of the appellant to amend the claim petition, as prayed for by him. The amendment will be carried out by the appellant within 6 weeks from the date of receipt of the copy of this order by the Motor Accident Claims Tribunal. The respondents will file their supplementary written statement, if any, within 2 weeks from the date when the amendment is carried out. There will be no order as to costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //