GURMEET KAUR Vs. HARDEEP SINGH

JUDGEMENT

(1.) The claimants have filed the present revision against the order dated 23.11.2004 passed by Motor Accidents Claims Tribunal (M.A.C.T.), Karnal, by which the application of the petitioners for abandoning part of the claim and for mentioning the correct income of the deceased in the claim petition was dismissed.

(2.) Briefly, the facts of the case are that one Dilbag Singh died in a road accident on 2.8.2002. The petitioners who are his widow, children and father filed a claim petition under section 163-A of the Motor Vehicles Act against the owner and insurer of the motor cycle No. HR 05-4290 before M.A.C.T., Karnal, wherein it was averred that the deceased was earning Rs. 4,000 per month and total compensation claimed was Rs. 10,00,000. After the conclusion of evidence, the petitioners filed an application before the Tribunal with a prayer that they be allowed to scale down their claim to Rs. 7,00,000 instead of Rs. 10,00,000 and be also allowed to mention the correct income of the deceased as Rs. 3,300 per month instead of Rs. 4,000 per month. This application has been dismissed by the M.A.C.T., Karnal, vide its order dated 23.11.2004 as according to the learned Tribunal at this belated stage the application if allowed, would result in causing prejudice to the respondents and further that the application is merely in the nature of an amendment.

(3.) Counsel for the petitioners has contended that as per Order 23, rule 1, Civil Procedure Code, the plaintiff is allowed to abandon part of his claim at any time. Order 23, rule 1, Civil Procedure Code is reproduced as under: