PHOOLMATI Vs. DHOLURAM BHARATI

JUDGEMENT

(1.) Heard on IA No. 3, application for amendment in memo of appeal and with the consent of the parties the matter is heard finally.

(2.) Learned counsel for the appellant submits that this is claimant's appeal seeking enhancement of the amount under award and in which he wants to carry out amendment in the memo of appeal as the claimant was the third party for the Insurance Company, therefore, as per terms & conditions of the insurance policy the Insurance Company is held liable to pay compensation to the claimant.

(3.) Learned counsel for the respondent vehemently opposes the contention made by learned counsel for the appellant and submits that after long delay of five years it is not permissible to add a new ground in the memo of appeal by amendment application.