SADIQ ALI Vs. MURTI DEVI

JUDGEMENT

(1.) One Shyam Singh met with an accident on 31.10.1998 and received serious injuries on account of which he expired on 2.11.1998. The widow, children and other dependants of the deceased Shyam Singh filed a Motor Accident Claim Petition No. 109 of 1999 before the District Judge, Meerut on 10.2.1999. The petitioners who were the owner and driver of the vehicle which caused the accident and who were arrayed as opposite parties filed their written statement on 11.5.1999 clearly admitting the ownership of the vehicle in question but, however, denied that the said vehicle was involved in the accident in which Shyam Singh is said to have received injuries. Clear admissions to that effect have been made not only in one paragraph, but in four paragraphs of the written statement namely, paragraphs 13,14,21 and 22. On the basis of the pleadings of the parties issues had been framed and some witnesses had also been examined. However, on 26.4.2003, after engaging a new counsel, the petitioners filed an application to amend their written statement. By means of this amendment application the petitioners sought to withdraw their admission with regard to the ownership of the vehicle in question which had been earlier made by them in the written statement. The matter was contested by the claimant-respondents. Vide order dated 17.5.2003 the amendment application filed by the petitioners has been rejected. Aggrieved by the said order the petitioners have filed this writ petition.

(2.) I have heard Sri Saghir Ahmad, learned counsel appearing for the petitioner as well as Sri Siddharth, learned counsel appearing for all the claimants who have been arrayed as respondents and have perused the record.

(3.) While rejecting the application for amendment filed by the petitioners the Tribunal has recorded a clear finding of fact that the admission of ownership of the vehicle had been categorically made by the petitioners in their written statement filed on 11.5.1999 and after evidence having been recorded at the stage of hearing after four years of having made such admission the petitioners cannot be permitted to get the written statement amended withdrawing the categorical admission made by them in the written statement. Reliance on several judgments of the Apex Court as well as this Court has been placed by the Tribunal while passing the said order dated 17.5.2003.