National Insurance Company Ltd. vs Sanjeeda Bi

B.C. Verma, J.—This is an appeal u/s 110-D of the Motor Vehicles Act.

Noshe Khan died on 5-10-1977 as a consequence of an accident. His wife Smt. Sanjeeda Bi claimed compensation for the death of her husband. In the claim petition which was filed before the Accident Claims Tribunal, Abdul Kamruddin was joined as a driver, New Janata Transport through its Manager, Hamidia Road, Bhopal was joined as owner and the National Insurance Company Ltd., Indore was joined as insurer of the vehicle. In the petition M.P.B. 9693 was mentioned to be the number of the vehicle. The petition was filed first before the Accident Claims Tribunal, Bhopal where the insurer was represented by a counsel. Later, an Accident Claims Tribunal was also constituted at Raisen and the claim petition was transferred to that Tribunal. According to the appellant insurer, no service was made by the Tribunal at Raisen. That Tribunal, however, proceeded ex-parte against the appellant. Apart from filing an application for setting aside the ex-parte award, the appellant has also filed this appeal.

The claimant has made an application (I.A. No. 103 of 1984) for amendment of the claim petition. The number of the vehicle is sought to be changed as M.P.B. 9633 instead of M.P.B. 9693 as at the moment it appears in the claim petition. The owner of the truck is now said to be one Awtar Singh in whose name the truck is registered in the office of the R.T.O., Bhopal. He is now sought to be joined as a party/owner of the vehicle.

I may not enter into the controversies as to the correctness of the allegations which are now made by amendment. The effect, however, is that the owner has to be changed and so also the number of the vehicle. Ordinarily, at this stage after full trial, such an amendment should not be allowed. However, looking to the fact that the claimant is a widow who has lost her husband in an accident and may on merits be entitled to some compensation, I allow this application and permit the claimant to amend the petition as proposed.

The necessary corollary is that the impugned award has to be set aside and the matter has to be sent back to the Claims Tribunal for afresh decision after noticing the necessary parties. This would result in allowing this appeal.

The appeal is, consequently, allowed. The impugned award is set aside. The claimant is permitted to amend the claim petition as proposed, vide I.A. No. 103 of 1984, dated 2-1-1984. This amendment shall be carried out in the claim petition before the Claims. Tribunal within 15 days of the first appearance of the parties before that Court. The parties present here shall appear before the Claims Tribunal on 10-2-1986. They shall be entitled to no further notice from that Tribunal. The new parties added shall be noticed according to law. Since this is a very old matter and relates to compensation to a widow, the Claims Tribunal shall take special care to decide the claim petition as expeditiously as possible. The records of the case be sent immediately to the Claims Tribunal. There shall be no order as to costs.