KANJI Vs. CHOHAL SINGH

JUDGEMENT

(1.) THIS order will also dispose of F.A.O. No. 227 of 1981, as both these appeals have arisen out of the same award of the Motor Accidents Claims Tribunal, Kurukshetra, (hereinafter called the Tribunal), dated September 4,1980.

(2.) BOTH the claimants Kanji and his father Babu Ram were travelling in the Haryana Roadways bus, No. HYA 1629, Ambala Depot, driven by Chohal Singh from Delhi to Ambala City, on October 30, 1976 Due to rash and negligent driving of the said bus by him, it struck against truck No. HRH 9471, which was standing parked on its left side. In the said accident, these two claimants and others, suffered injuries. Both the claimants claimed a sum of Rs. 10,000/- each, as compensation, on account of the injuries suffered by them in the said accident. According to them, each of them was earning Rs. 600/- as a hawker by selling utensils etc. Though in the original claim petitions it was stated that they were entitled to much more compensation on account of their loss of earning, pain and suffering etc., yet they claimed only Rs. 10,000/- each, as compensation, as they were not in a position to pay the necessary Court-fee. The claim petition was contested on behalf of the State of Haryana. On the pleadings of the parties, the Tribunal framed the following issues:

(3.) I find force in the contentions raised on behalf of the appellants. As regards the amendment of the claim petitions, in the applications for amendment itself, the claimants reiterated that they had filed the claim petitions only for a sum of Rs. 10,000/- each because of financial difficulty of payment of Court-fee for the larger amounts to which they were otherwise entitled. Since they had obtained income certificates from the Collector, concerned, for claiming exemption of the Court-fee payable under law, they may be allowed to amend the claim petitions so as to enable them to claim larger amount of compensation. In the reply to the said applications, filed on behalf of the General Manager, Haryana Roadways, Ambala, this was never denied that necessary certificates had been obtained. What was stated in paragraph 3 of the reply to the said applications was: