KANDURIBAI Vs. KAILASHCHAND

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of India challenge is made to the order passed on 20/9/2013 by the Member, Motor Accident Claims Tribunal, Vidisha in claim case No. 12/13. By the impugned order claimants/petitioners' application under Order VI Rule 17 of CPC has been rejected.

(2.) THE claimants/petitioners while instituting claim for compensation had stated that income of the deceased -Ramkaran Singh during his lifetime was Rs. 5,000/ - per month plus night allowance Rs. 100/ - per day as a driver. The claim was adjudicated, however, at the instance of owner of the vehicle an application under Order IX Rule 13 of CPC was allowed, award passed on 31/3/2011 was set aside and the case was remanded for trial afresh by affording an opportunity to respondent/owner. Upon remand, the insurance company filed an application under Order VI Rule 17 of CPC raising a ground that in the light of fact that claimants have shown income of deceased -Ramkaran Singh Rs. 5,000/ - per month plus night allowance Rs. 100/ - per day, the annual income of the deceased exceeds Rs. 40,000/ - and, therefore, claim was not sustainable under Section 163A of the Motor Vehicle Act (for brevity 'the Act"). This amendment was allowed. Consequent thereupon, claimants filed an application on 21/6/2013 under Order VI Rule 17 of CPC for substituting the words "Rs. 40,000/ - per year" in place of "Rs. 5,000/ - per month plus night allowance Rs. 100/ - per day" purportedly to bring the case within the scope of Section 163A of the Act. The aforesaid amendment has been turned down by impugned order on 20/9/2013 in the light of the judgment of the Supreme Court reported in : 2004 ACJ 934 : (2004) 5 SCC 385, Deepal Girishbhai Soni and Others Vs. United India Insurance Co. Ltd. Baroda.

(3.) PER contra, respondent's counsel submits that once an admission has been made in the pleadings, same cannot be permitted to be withdrawn by seeking amendment in the light of judgment of Hon'ble Supreme Court reported in : (2008) 7 SCC 85 Gautam Sarup Vs. Leela Jetly and Others.