National Insurance Company Limited Vs. Smt. Joginder Kaur and ors. - Court Judgment

Excerpt:
- orderv.k. jhanji, j.1. in this revision petition, the insurance company is impugning the order of the tribunal whereby claim petition filed by the widow and minor children of the deceased, was allowed to be amended. the claim petition was filed by the widow and the minor children on account of death of sukhdev singh, who died in an accident, involving a tractor and a truck. in the original petition, it was averred that the deceased was travelling in the tractor at the time of accident. during pendency of the proceedings of the claim petition, by way of amendment, the claimants sought to plead that the deceased was infact present near the site of the accident to answer the call of nature, when the deceased was knocked down by the offending tractor being driven in a rash and negligent manner by the driver thereof. the amendment sought was allowed by the tribunal. this order is being impugned in the present revision petition.2. the grievance of the insurance company is that the claimants cannot be allowed to withdraw admission already made in the original petition. in reply counsel for the respondents stated that the admission can be withdrawn or explained at any stage of the proceedings.3. having heard the learned counsel for the parties and without going into the merits of amendment sought, i am not inclined to interfere in the impugned order, in exercise of powers under article 227 of the constitution of india. however, it shall be open to the insurance company to impugn this order in appeal, if any filed against the main judgment.4. consequently, the revision petition is dismissed. no costs.

Judgment:
ORDER

V.K. Jhanji, J.

1. In this revision petition, the insurance company is impugning the order of the Tribunal whereby claim petition filed by the widow and minor children of the deceased, was allowed to be amended. The claim petition was filed by the widow and the minor children on account of death of Sukhdev Singh, who died in an accident, involving a tractor and a truck. In the original petition, it was averred that the deceased was travelling in the tractor at the time of accident. During pendency of the proceedings of the claim petition, by way of amendment, the claimants sought to plead that the deceased was infact present near the site of the accident to answer the call of nature, when the deceased was knocked down by the offending tractor being driven in a rash and negligent manner by the driver thereof. The amendment sought was allowed by the Tribunal. This order is being impugned in the present revision petition.

2. The grievance of the insurance company is that the claimants cannot be allowed to withdraw admission already made in the original petition. In reply counsel for the respondents stated that the admission can be withdrawn or explained at any stage of the proceedings.

3. Having heard the learned counsel for the parties and without going into the merits of amendment sought, I am not inclined to interfere in the impugned order, in exercise of powers under Article 227 of the Constitution of India. However, it shall be open to the insurance company to impugn this order in appeal, if any filed against the main judgment.

4. Consequently, the revision petition is dismissed. No costs.