NEW INDIA ASSURANCE COMPANY LTD Vs. SANJEEV KUMAR

JUDGEMENT

(1.) CLAIMANT Sanjeev Kumar filed a petition under Section 163-A of the Motor Vehicle Act, 1988 (for short 'the Act') claiming compensation on account of the injuries suffered by him. Vide the impugned order dated 3.11.2009, the application filed by the claimant for permission to amend the claim petition was allowed. Hence, the present revision petition has been filed under Article 227 of the Constitution of India by the New India Assurance Company Limited-petitioner.

(2.) LEARNED counsel for the petitioner has submitted that the application for permission to amend the claim petition was liable to be dismissed as the same had been filed with a view to bring the claim petition under Section 163-A of the Act. In support of his arguments, learned counsel has placed reliance on the decision of this Court in Gurmeet Singh vs. Chandigarh Transport Undertaking and others 2008 ACJ 2303, wherein it was held as under :-

(3.) IN the present case, the claim petition has been filed under Section 163-A of the Act. The claimant had stated in the claim petition that his monthly income was Rs. 15,000/- per month. In the application for permission to amend the claim petition, it has been stated that due to oversight and inadvertence, in column No.5 of the claim petition, it had been mentioned that monthly income of the claimant was Rs.15,000/- per month, whereas, in fact, the income of the claimant was Rs.3,000/- per month.