NATIONAL INSURANCE CO LTD Vs. P SUJATHA

JUDGEMENT

(1.) National Insurance Company filed this Civil Revision Petition under Article 227 of the Constitution of India questioning the correctness of the order, dated 20.1.2005 passed in LA. No.45 of 2005 in O.P. No.1091 of 2001 on the file of V Additional District and Sessions Judge (Fast Track Court), Ranga Reddy District whereby and whereunder the learned V Additional District and Sessions Judge allowed the application filed by the third respondent in the O.P. under Order VI Rule 17 seeking permission to enhance the claim of the compensation amount from Rs.2,50,000/- to Rs.4,00,000/- by amending the petition.

(2.) The necessary facts for disposal of this revision, in nutshell, are as follows:

(3.) Respondents 2 and 3 are parents, 4th respondent is the sister and 5th respondent is the brother of deceased- Narender, who died in the accident that occurred on 10.8.2001, filed claim petition before the Tribunal below claiming compensation of Rs.2,50,000/- from the Insurance Company-petitioner and the owner of the vehicle-sixth respondent herein. Since the wife of the deceased-Narender, the first respondent herein, for some reason did not join the claimants-respondents 2 to 5 herein, they added her as third respondent in the claim petition. She filed the above application under Order 6 Rule 17 for enhancement of the claim amount from Rs.2,50,000/- to 4,00,000/- and to amend the claim petition accordingly. The Insurance Company-petitioner herein contested the said application by filing a counter-affidavit inter alia, contending that since the second petitioner in the claim petition was already examined as P.W.I and the case is posted to 20.1.2004 for further evidence of the claimants, at that stage filing of the present application is not maintainable and prayed for dismissal.