Accident Claim-Amendment

Accident Claims (MACT)

MACT–Sec.163A–Amendment in petition to reduce income of deceased from Rs.4000 per month to Rs.3000 per month–Application for amendment allowed. — Motor Vehicles Act–Section 163-A–While filing petition, claimants claimed that deceased was earning more than Rs.4,000 per month–During pendency of petition, upon realizing that petition u/s 163-A M.V Act is maintainable only for persons who are having an income upto maximum of Rs.40,000 per annum, an application for permission to amend the petition filed, to reduce income of deceased to Rs.3,000 per month–Tribunal dismissed application–Hence this revision–Held, only amendment sought is to scale down income to come within maximum limit prescribed in Schedule to M.V Act–Amendment of pleadings is a well known concept and in absence of any specific bar or prohibition or restriction, it would not be appropriate to hold that Tribunal or Court has no power to permit parties to amend the petition–Revision allowed–Tribunal shall proceed to decide amended claim petition, in accordance with law.

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