NATIONAL INSURANCE COMPANY LTD Vs. SANJEEDA BI

JUDGEMENT

(1.) THIS is an appeal under Section 110-D of the Motor Vehicles Act.

(2.) NOSHE Khan died on 5-10-1977 as a consequence of an accident. His wife Smt. Sanjeeda Bi claimed compensation for the death of her husband. In the claim petition which was filed before the Accident Claims Tribunal, Abdul Kamruddin was joined as a driver, New Janata Transport through its Manager, Hamidia Road, Bhopal was joined as owner and the National Insurance Company Ltd., Indore was joined as insurer of the vehicle. In the petition M.P.B. 9693 was mentioned to be the number of the vehicle. The petition was filed first before the Accident Claims Tribunal, Bhopal where the insurer was represented by a counsel. Later, an Accident Claims Tribunal was also constituted at Raisen and the claim petition was transferred to that Tribunal. According to the appellant insurer, no service was made by the Tribunal at Raisen. That Tribunal, however, proceeded ex-parte against the appellant. Apart from filing an application for setting aside the ex-parte award, the appellant has also filed this appeal.

(3.) I may not enter into the controversies as to the correctness of the allegations which are now made by amendment. The effect, however, is that the owner has to be changed and so also the number of the vehicle. Ordinarily, at this stage after full trial, such an amendment should not be allowed. However, looking to the fact that the claimant is a widow who has lost her husband in an accident and may on merits be entitled to some compensation, I allow this application and permit the claimant to amend the petition as proposed.