Tapas Kumar Giri, J. - (1.) Challenging the order dated 31.5.02 passed by Learned Judge Special Court (E.C.Act), M. A. C. Judge, Tribunal, Alipore, South 24 -Parganas in connection with M.A.C.C. No. 520 of 2000 this revisional application under Article 227 of the Constitution of India has been preferred by the petitioner/claimant. Grievances of the petitioner as ventilated in the instant application may briefly be stated as follows: That the petitioner sustained grievous bodily injuries on his person in an accident and the petitioner filed a claim application on 18.9.2000 under Sec. 163A of the M.V. Act and afterwards Learned Advocate came to realize that the income of the injured person was above Rs. 40,000/ -and the medical expenses was more than Rs. 15,000/ - and as such the petitioner filed the amendment application under Order 6 Rule 17 read with Sec. 151 of C.P.C. and wanted to convert the claim application from Sec. 163A of M.V. Act to Sec. 166 of M.V. Act. Learned M.A.C. Judge, Tribunal, Alipore, South 24 -Parganas after hearing of both sides dismissed the application under Order 6 Rule 17 read with Sec. 151 C.P.C. filed by the claimant on 31.05.2002.
(2.) Being aggrieved by and dissatisfied with the order dated 20.7.05 passed by the Learned M.A.C, Judge, Tribunal, Alipore in M.A.C.C. No. 520 of 2000, the petitioner approached this Court with the said application under Article 227 of the Constitution of India.
(3.) I have heard Learned Counsel for the parties in details on the question whether the amendment sought for ought to have been allowed or not.;