LAWS(ALL)-2014-1-213

SHASHI KANT PANDEY Vs. MITHILESH KUMAR @ GANGA DEVI

Decided On January 20, 2014
SHASHI KANT PANDEY Appellant
V/S
Mithilesh Kumar @ Ganga Devi Respondents

JUDGEMENT

(1.) Heard Sri Anurag Shukla, learned counsel for the revisionist and perused the record.

(2.) By means of present revision, revisionist has challenged the order dated 7.1.2014 passed by Motor Accident Claims Tribunal / Special Jude, ( SC/ST ) Act, Hardoi by means of which application moved by the revisionist for recalling the order by which the opportunity to lead evidence by the applicant has been closed as well as application under Chapter 6 Rule 17 for amendment in written statement has been rejected.

(3.) Facts , in brief, of the present case are that on 28.3. 2010 an accident took place due to which Manoj Kumar @ Kallu died. In view of the said fact a Motor Accident Claim Petition under Section 166 of the Motor Vehicle Act has been filed by his legal representatives registered as Claim Petition No. 156 of 2010 before the Motor Accident Claims Tribunal / Special Judge, ( SC/ST ) Act, Hardoi impleading the revisionist / Vijai Kant Pandey ( owner of the vehicle) and Vijay Kant Pandey( driver of the vehilcle) as respondent nos. 1 and 2 as well as National Insurance Company as respondent no.3 on 9.8.2010 . By order dated 7.11.2013 an opportunity to lead evidence of the revisionist has been closed. On 7.1.2014 an application has been moved on behalf of the revisionist for recalling the order dated 7.11.2013 registered as paper no. 53-GA. In additional to above said fact, revisionist also moved an application for amendment in written statement under Order 6 Rule 17 read with Section 151 C.P.C. (54-Kha) ; both the application rejected by order dated 7.1.2014.