LAWS(JHAR)-2009-12-10

PRABAL KUMAR GUPTA Vs. SANJEEV KUMAR SINGH

Decided On December 17, 2009
PRABAL KUMAR GUPTA Appellant
V/S
SANJEEV KUMAR SINGH Respondents

JUDGEMENT

(1.) THE present writ petition has been filed under Article 227 of the Constitution of India against the order passed by the Motor Accident Claims Tribunal, Ranchi dated 22nd September, 2007 in Compensation Case No. 91 of 2004 (Annexure-3), whereby the Tribunal has rejected the amendment petition preferred by the original claimant and the amendment of the claim of petitioner has been decided on merits instead of deciding whether the amendment should be allowed or not in the claim petition.

(2.) I have heard Ms. Niyati, learned counsel appearing for the petitioner, who has vehemently submitted that the Tribunal has committed gross error in law in deciding the amendment on merits. The Tribunal ought to have decided whether amendment should be allowed or not in the motor accident claim petition, but the merits cannot be gone into at this stage. The original claimant has added that additional expenses incurred by the original claimant because of the treatment of the original claimant was going on and, therefore, additional amount of Rs.5,03,000 was demanded because of medical expenses being incurred. At the amendment stage, the Tribunal cannot go into the merit of the matter of the original claimant. Such energy ought to be kept reserved for final hearing. This is an error apparent on the face of the record and, hence, the impugned order at Annexure- 3 deserves to be quashed and asset aside.

(3.) IN this view of the fact, I hereby set aside the impugned order dated 22nd September, 2007 passed in Compensation Case No. 91 of 2004 and I hereby allow this amendment petition directing the Tribunal to decide the claim of the present petitioner i.e. original claimant on its own merit and without being influenced by the impugned order passed by the Tribunal and also by this order. This petition is accordingly allowed and disposed off.