KASTHURI Vs. P. T. PREM SATHEESH

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the fair and final order passed by the Motor Accident Claims Tribunal, Chennai in M.P.No.4189 of 2018 in MCOP No.7086 of 2013, dtd. 13/12/2018, dismissing the application filed by the petitioner under Order VI Rule 17 of C.P.C. to amend the claim petition by striking out Sec. 166 and replacing it with Sec. 163A of the Motor Vehicles Act.

(2.) The short facts that are required to be considered are; the petitioner filed a claim petition before the Tribunal under Sec. 166 of the Motor Vehicles Act. The specific pleading that was made by the petitioner with regard to the manner in which the accident took place, is extracted hereunder: On 1/7/2012 at about 07.30 PM hours the petitioner was traveled as a passenger in Maruthi 800 AC Car bearing regn no:TN09-AQ-7240 from Thoothukudi at GST Road, Mahendra City Opposite at that time a Maruthi 800 Car bearing regn no:TN-09- AQ-7240 driven by its driver in a rash and negligent manner and came at a dangerous speed and dashed against hit the tree. The petitioner sustained grievous injuries. This accident occurred only due to the fault of the driver of Maruthi 800 Car bearing regn no:TN 09-AQ-7240.

(3.) The Insurance Company contested the claim petition by filing detailed counter affidavit. The petition reached the stage of trial and the evidence was adduced both on the side of the petitioner as well as the Insurance Company. At that stage, the application for amendment in MP.No.4189 of 2018 came to be filed by the petitioner to amend the provision under which the claim petition was filed from Sec. 166 to Sec. 163A of the Motor Vehicles Act.