JEETINDER SINGH Vs. INDERJIT SINGH BATRA AND OTHERS

JUDGEMENT

(1.) Jeetinder Singh, who is respondent no.1 before the Motor Accident Claims Tribunal (in short the Tribunal), as driver of the alleged offending Truck Trolla, has filed this revision petition under Article 227 of the Constitution of India assailing order dated 15.09.2012 (Annexure P-6) passed by the Tribunal, thereby dismissing application Annexure P-5 moved by the petitioner for amendment of his written statement.

(2.) In the original written statement (Annexure P-2), the petitioner herein has denied the very factum of accident involving the Truck in question. By amendment of written statement, the petitioner wants to completely change the said version and wants to plead a new version that his Truck was parked on kutcha berm on extreme left side of the highway leaving sufficient space for another vehicle between the metalled road and Truck of the petitioner. It was alleged in the amendment application that the previous counsel engaged by the petitioner herein did not file the written statement as per petitioner's instructions.

(3.) The amendment application was opposed by claimants as well as by insurance company.