URMILA Vs. BABUBHAI TEJABHAI DANGAR

JUDGEMENT

(1.) Leave to amend the cause title is granted. The amendment be carried out forthwith.

(2.) Rule returnable forthwith. The matter is taken up for final disposal today.

(3.) The petitioners are challenging the order dtd. 12/7/2021 passed by Motor Accident Claims Tribunal (Auxi-2), Kachchh at Bhuj in M.A.C.M.A. No. 157 of 2021 in MACP No. 513 of 2009 where the petitioners had sought amendment in the award. The amendment was prayed to the effect for correction of the change in the name in the cause title. The said application was rejected on 12/7/2021 with the observations that the applicants on their own have changed their names in the application without any permission or order of the tribunal and without following due procedure. Further the MACT (Auxi.) Court observed that the MACP No. 513 of 2009 was filed by the applicants on 27/10/2009, and before filing of the said claim petition, the applicant No.1 had remarried on 23/7/2009, inspite of that fact, at the time of filing of the affidavit for evidence on 15/3/2019 i.e. after almost 10 years of the incident, she has continued with her old name and had not taken any care to clarify at that stage about the change of her name. The MACT (Auxi.) Court further observed that the applicants had failed to bring on record the current name and the name of her children at the time of decision of the claim petition, and therefore, the award was passed as per the names mentioned in the memo of petition. The tribunal thus considered that there was no arithmetical or typographical error committed in the award; hence the application under Ss. 151 and 152 of the Code of Civil Procedure was not maintainable, and therefore, the application came to be dismissed.