SUSAMMA ABRAHAM Vs. P.V. VARGHESE

JUDGEMENT

(1.) The petitioners and the fourth respondent are the legal heirs of one T.A.Abraham, who sustained serious injuries in a motor accident, which occurred on 06.05.2004, near Kanjirathummoodu Junction on Chengannur-Kodukulanji Public Road, involving a mini lorry bearing registration No.KL-03/E- 9313, owned and driven by respondents 1 and 2 herein respectively and insured with the third respondent Insurance Company. At the time of accident, T.A.Abraham was riding a scooter bearing registration No.KL-04/4695. In the accident, he sustained serious injuries. Going by the averments in the claim petition, at the time of his discharge from hospital on 07.07.2004, he was on oral feeds with supplementation through nasigastric tube. The injured along with the first petitioner herein, who is his wife, filed O.P.(MV)No.1552 of 2004 before the Motor Accidents Claims Tribunal, Mavelikara, under Sec. 166 of the Motor Vehicles Act, 1988 claiming a total compensation of Rs. 9,45,000.00, together with interest at the rate of 9% per annum from the date of petition, from respondents 1 to 3 herein. In the claim petition, the first petitioner herein is arrayed as the second petitioner, as the wife and next friend of T.A.Abraham. During the pendency of O.P. (MV)No.1552 of 2004, T.A.Abraham died on 03.07.2006 and his children, the second petitioner and the additional fourth respondent herein, are impleaded as additional petitioners 3 and 4.

(2.) The petitioners and the fourth respondent moved I.A.No.1860 of 2014, under Order 6, Rule 17 of the Code of Civil Procedure, 1908 seeking an order to amend the claim petition. A copy of the said interlocutory application is placed on record as Ext.P The third respondent insurer opposed the said application by filing Ext.P3 objections. The Tribunal by Ext.P4 order dated 31.12014 dismissed I.A.No.1860 of 2014, which is under challenge in this original petition, invoking the supervisory jurisdiction of this Court under Art. 227 of the Constitution of India.

(3.) On 201.2015, when this original petition came up for admission, this Court admitted the matter on file and issued notice to respondents 1 to 4 by speed post. On 002.2015, this Court granted an interim stay of final disposal of O.P.(MV) No.1552 of 2004 pending beore the Motor Accidents Claims Tribunal, Mavelikara.