Andhra Pradesh High Court - Amravati
Kalisetti Devi Aparna vs Bandari Appa Rao Bujji on 4 November, 2023
Bench: B Krishna Mohan
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
THE HON'BLE SRI JUSTICE B KRISHNA MOHAN
CIVIL REVISION PETITION No.1990 of 2023
Between:
Kalisetti Devi Aparna,
W/o Late Srinivasa Rao,
Age: 35 years, Occ: Housewife,
D.No.2-72, Ramalayam Veedhi,
Prathipadu Village, Pentapadu
Mandal, Tadepalligudem,
J.C.J.C.J.C. West Godavari
District and 2 others.
.... Petitioners
And
Bandari Appa Rao @ Bujji,
S/o Chalayya, Age: 30 years,
Occ: Driver of Lorry bearing No.
AP-16-TY-6258, Gidjam Village,
Rowthulapudi Mandal, East
Godvari District and 2 others.
....Respondents
ORDER:
Heard the learned counsel for the petitioners and the learned
counsel appearing for the contesting respondent i.e., respondent
No.3.
2. This Civil Revision Petition is filed against the order passed
in I.A.No.172 of 2022 in M.V.O.P.No.386 of 2017 on the file of
Motor Accidents Claims Tribunal-Cum-VIII Additional District
Judge, West Godavari, Eluru dated 24.03.2023.
3. The petitioners herein are the petitioners in I.A.No.172 of
2022 in M.V.O.P.No.386 of 2017 before the Tribunal and the
respondents herein are the respondents in the above said I.A.,
before the trial Court.
4. The petitioners herein filed the above said I.A., under Order
VI, Rule 17 and Section 151 of Civil Procedure Code, to permit
them to make the following amendments to their pleadings/claim
petition:-
"1. The section of Law, i.e., U/s.166 of MV Act on the
fact of the claim application, may be amended as 163-A
of MV Act.
2. In the 2nd page of the claim application, in the 6th
column application may be amended as Rs.3,300/- per
month instead of Rs.7,500/-.
3. In the 25th column of the petition, the amount under
the head for the loss of dependency and future earnings
may be amended as Rs.4,50,000/- and in the total of
the said column to be amended as Rs.6,80,000/-
instead of Rs. 10,80,000/-.
4. In the 6th line of Para No.1 of 26 columns Rs.7,500/-
may be amended as Rs.3,300/- per month.
5. And in the page 5 of the claim application after Para
iv in the column No.26, the following Para may add as
Para iv-A:- Para iv-A) the accident arises out of and use
of the vehicle. involved in the accident, and hence the
respondents are bound to pay compensation to the
petitioners herein.
6. And finally, in the prayer portion of the claim
application: The total compensation may be amended to
Rs.6,80,000, (Rupees Six Lakhs Eighty Thousand only)
instead of Rs. 10,80,000/- (Rupees Ten Lakhs and
Eighty Thousand only)".
5. The learned counsel for the petitioners submits that the
M.V.O.P.No.386 of 2017 is pending before the Motor Accidents
Claims Tribunal-Cum-VIII Additional District Judge, West
Godavari, Eluru and it has not come to the stage of trial as of now.
6. In the meanwhile, for making necessary corrections which is
permissible under law, the above said I.A., was filed. But,
erroneously, long back the learned Tribunal dismissed the above
said I.A., vide dated 24.03.2023.
7. On the other hand, the learned counsel appearing for the
respondent No.3/Insurance Company submits that the said relief
of the petitioners may be considered as per law.
8. Since, the matter is squarely covered by the judgment of the
Hon'ble Apex Court in Oriental Insurance Company Limited vs.
Dhanbai Kanji Gadvi and others1 , the petition is allowed by
setting aside the order passed by the learned Tribunal in the
I.A.No.172 of 2022 in M.V.O.P.No.386 of 2017 dated 24.03.2023.
9. Accordingly, the Tribunal may permit the
petitioners/claimants to make necessary corrections in the main
M.V.O.P. No.386 of 2017 itself.
(2022) 11 SCC 513
10. Accordingly, the Civil Revision Petition is disposed of. No
costs.
As a sequel, the miscellaneous applications pending, if any,
shall stand closed.
______________________________
JUSTICE B. KRISHNA MOHAN
04.11.2023
PNS
