YADUNANDAN AND ORS. Vs. MANSHA DEVI

JUDGEMENT

(1.) Mansha Devi, the respondent filed a claim petition under the Motor Vehicles Act, 1988 claiming compensation on account of death of her husband in a motor accident. In the claim petition, the date of accident of her husband was disclosed as 19 December 2002. The claim petition was filed on 30 May 2003. Initially, it was decreed by an award dated 24 April 2010. Subsequently, on an application filed by the petitioners, who are the owners of the offending vehicle, the ex parte award was set-aside and the proceedings of the claim petition were restored to its original number.

(2.) After the proceedings in the claim petition were resumed, the claimant respondent filed an application Paper No. 104 ka seeking amendment in the claim petition to the effect that wherever the date of accident has been mentioned as 19 December 2002, the same be substituted with the date 19 November 2002. It is stated in the application that the mistake in that regard is a typographical error. The application was opposed by the petitioners. The Tribunal by an order dated 21 May 2015 allowed the amendment application. While allowing the amendment application, the Tribunal took into consideration the postmortem report, which is dated 20 November 2002 and thus, concluded that the date of accident mentioned in the claim petition as 19 December 2002 seems to a typographical error. The petitioners have now approached this Court challenging the order of the Tribunal allowing the amendment application.

(3.) Concededly, the postmortem report is dated 20 November 2002. If the date of accident is assumed to be 19 December 2002, it would mean that the postmortem was done, even before the accident, which is not possible. Thus, on the face of it, the date of accident mentioned in the claim petition is incorrect. It is apparently a typographical error.