MANOJ KUMARI Vs. GOKARAN NATH MISRA

JUDGEMENT

(1.) THIS revision is directed against the order dated 19-3-2001 passed by Additional Special District and Session judge, Fatehpur, whereby the application no. 34-Kha filed by the claimant/applicant under Order VI Rule 17 of CPC in Claim petition No. 109 of 1998 has been rejected.

(2.) THE husband of the revisionist No. 1 died in motor accident on 25-4-1998. The claimant/applicant filed a claim petition before the Motor Accident Claims Tribunal. The registration number of the vehicle involved in the accident was mentioned UTW-5467 in the FIR. Subsequent to the filing of the claim petition owner of the vehicle appeared and filed its written statement stating that the registration number of the vehicle involved in the accident was wrongly mentioned by the claimant and in fact the vehicle No. UT W-6075 was involved In the accident and not UTW-5467. Police after the investigation also submitted the charge-sheet on 27-6-1998. Vehicle No. UT W-6075 was found to be involved in the accident and the said vehicle No. UT W- 6075 was released on personal bond of Rs. 1. 5 lac.

(3.) SUBSEQUENT thereto an amendment application under Order VI Rule 17 was filed by the claimant stating that the vehicle number involved in the accident was UT W-6075 and not UT W- 5467 as such the prayer was made that the claimant be permitted to amend the claim petition accordingly by substituting the registration number of the vehicle UT W-6075 in place of UTW-5467. The said amendment application was rejected by the court below. Hence the present revision.