DINESH PANDU GAUDE Vs. BIRO BAPO PAUNE

JUDGEMENT

(1.) THE Appeal arises out of the Award passed by the Motor Accident Claims Tribunal at Mapusa -Goa in Claim Petition No.22/2003, by which the respondents no.1 and 2 are jointly and severally held liable to pay Rs.3.00 lakhs to the claimants along with interest at the rate of 6 % p.a. from the date of filing of the petition till the realization of the amount along with costs.

(2.) THE relevant facts are: The 14 year old son of the claimants died on 22/7/2002 succumbing to the injuries sustained due to the accident in which the motor vehicle owned by the original respondent no.2 (appellant no.2) driven by the original respondent no.1 (present appellant no.1) was involved.

(3.) THE appellant no.1 filed his written statement of general denial. The appellant no.2 has not filed the written statement. The appellant no.1 had filed an application praying for permission to amend the written statement. However, the learned Presiding Officer had rejected the application. The appellants have raised grounds about the legality of the order passed by the learned Presiding Officer rejecting the application seeking permission to amend the written statement filed by the appellant no.1. However, the appellants have neither prayed for setting aside that order nor a copy of that order is placed on record along with the Memorandum of Appeal.