ASHISHKUMAR GAJANANDBHAI JOSHI Vs. MOHAMADSAFI USMANBHAI MEMON

JUDGEMENT

(1.) INTERESTING question has arisen in the present application to the extent of permitting the amendment for enhancement of the claim petition by the claimant at the appellate stage and since incidental aspects may also be required to be considered, including that of the payment of the Court Fees at the level of the Tribunal and also at the level of the appellate forum, i.e. the stage at which amendment is proposed, the matter deserves to be considered also after examining the incidental aspects too.

(2.) THE short facts of the case appears to be that the applicant -claimant preferred claim petition being MACP No. 535/93 before the Tribunal for the compensation of Rs.2,00,000/ - on account of the injury sustained by him in the accident, which occurred on 29.01.1993 of a motorcycle in which the applicant was traveling since as per the applicant, one jeep bearing No.GRN -1193 dashed with the motorcycle on account of the negligent driving by the driver of the jeep. The claim petition was tried by the Tribunal and by common Judgment and Order qua the applicant herein, the Tribunal awarded Rs.64,094/ - as the compensation with interest @9% with proportionate cost. It deserves to be recorded that since awarded amount was Rs.64,094/ -, the proportionate cost including for the Court Fees allowed comes to Rs.1,560/ - as per the award drawn based on the Judgment.

(3.) THE claimant preferred the appeal being First Appeal No. 1482 of 2002 and at that time also, the appeal is preferred for enhancement of the compensation of Rs.71,812/ - only, and the claimant -appellant in the appeal has not even claimed the remaining amount of compensation of Rs. 1,35,960/ -, but has restricted his claim to Rs. 71,812/ - only and has abandoned the claim of Rs.64,148/ -, i.e. difference between the amount of Rs.1,35,960/ - and Rs.71,812/ -. It deserves to be recorded that the Award was passed on 26.02.2002. The appeal was preferred being First Appeal No. 1482 of 2002 within the prescribed period of limitation, since the time consumed in getting the certified copy etc. was to be excluded and the said First Appeal was admitted by this Court on 12.08.2002.