RAM KUMAR Vs. MOTOR ACCIDENT CLAIMS TRIBUNAL

JUDGEMENT

(1.) Heard learned counsel for the petitioners, Sri Rajesh Rai for the respondents 2 to 4 and learned Standing Counsel for respondent no.1.

(2.) By this writ petition, the petitioners have challenged the order dated 22nd September, 1999, passed by IInd Additional District Judge, Jhansi / Motor Accident Claims Tribunal, in Motor Accident claim case no.214 of 1995, whereby the amendment application of the claimant-respondents seeking amendment in the claim petition has been allowed on payment of cost of Rs.50/-.

(3.) The facts, in brief, are that a claim petition was filed by the claimant-respondents 2 to 4 against Ram Kumar (petitioner no.1) in respect of the death of one Jhunde Lal, who allegedly met with an accident on 15th June, 1995 while traveling on a tractor trolley driven by Ram Kumar (petitioner no.1). In the claim petition, it appears that registration number of the tractor was not recorded and the name of the tractor owner was also not disclosed. Consequently, an application was filed, purportedly, under Order VI, Rule 17, read with Section 151, of the Code of Civil Procedure for impleadment of the tractor owner, namely, Ram Swaroop (petitioner no.2) as also for incorporation of the description of the tractor with registration number MPA 8587. An objection was filed to this amendment application by Ram Kumar stating therein that in the statement of the witnesses, recorded under Section 161 Cr.P.C., during the course of investigation of the criminal case which was registered pursuant to the FIR, the number of the tractor was disclosed as MPA 6587 and in the claim petition also, in paragraph 15, the registration nuv mber of the tractor was disclosed as 6587, which was later scored off, therefore, the amendment was not justified, particularly, when it was being sought after a period of four years.