- (1.) In this revision petition filed under Article 227 of the Constitution of India, the New India Assurance Company Limited (insurer) has assailed order dated 04.10.2011 Annexure P-5 passed by learned Motor Accident Claims Tribunal, Hoshiarpur (in short, the Tribunal) thereby allowing application Annexure P-3 moved by respondents No.1 to 4/claimants before the Tribunal for amendment of claim petition Annexure P-1.
(2.) Claimants have filed claim petition under Section 163A of the Motor Vehicles Act, 1988 (in short, the 'Act') claiming compensation for the death of Parminder Singh caused in a motor vehicular accident. Harjit Singh-respondent No.5 herein (respondent No.1 before the Tribunal) is said to be owner of the alleged offending vehicle whereas petitioner herein (respondent No.2 before the Tribunal) is said to be insurer of the said vehicle. The claimants alleged in the claim petition that income of the deceased was Rs. 7,000/- per month. However, since claim petition under Section 163A of the Act is not maintainable if income of the deceased exceeded Rs. 40,000/- per annum, the claimants moved amendment application Annexure P-3 to plead that income of the deceased was Rs. 3,000/- per month and was wrongly mentioned as Rs. 7,000/- per month in the claim petition.
(3.) The insurer by filing reply Annexure P-4 resisted the amendment application.;