UNITED INDIA INSURANCE CO LTD Vs. MASHOOQ ALI

JUDGEMENT

(1.) S. U. Khan, J. Heard learned Counsel for the parties.

(2.) THIS revision is directed against order dated 19-12-1988 passed by Motor Accident Claims Tribunal/a. D. J. Budaun in MAC Case No. 25 of 1986, Ran Sanehi v. Mashooq Ali & Ors. , Applicant United India Insurance Company Limited, opposite party No. 4 in the claim petition pending before the Court below had filed an application for amendment of its written statement. In the initial written statement, it was admitted that the bus which was involved in the accident was insured with opposite party No. 4. However, through the amendment sought it was stated that another vehicle of the same owner was insured with the applicant and under confusion it was admitted in the initial written statement that the bus in question was insured; but later on it revealed that bus in question was not insured with the applicant. The Court below rejected the amendment application through the impugned order on the ground that it amounted to withdrawal of admission.

(3.) LEARNED Counsel for the respondent has vehemently argued that against order passed by Motor Accident Claims Tribunal Revision under Section 115 C. P. C. is not maintainable. In Division Bench authority of this Court reported in Smt. Afsari Begum v. Oriental Fire and General Insurance Company, 1979 AWC 438, it has been held that such a revision is maintainable. The Supreme Court authority reported in Sadhna Lodh v. National Insurance Company, 2003 (3) SCC 524, cited by learned Counsel for the respondent is not applicable to the facts of the case. In the said authority, it was held that if insurance company under Section 173 of the Motor Vehicles Act, 1988 could not file appeal on particular grounds then writ petition also could not be filed by it on the same grounds.