Full Text
HIGH COURT OF DELHI
Date of Decision: 3rd April, 2024
UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION (UPSRTC) ..... Petitioner
Through: Mr. Aly Mirza, Adv.
Through: None.
JUDGMENT
1. Allowed, subject to all just exceptions.
2. The application stands disposed of. CM(M) 2178/2024 & CM APPL. 17364/2024
1. The petitioner/Uttar Pradesh State Road Transport Corporation[1] has instituted the present petition under Article 227 of the Constitution of India, assailing the impugned order dated 01.12.2023, whereby the learned Presiding Officer, MACT-02, Shahdara District, Karkardooma Courts, Delhi, allowed the application of respondent No.1/claimant under Order VI Rule 17 of The Code of Civil Procedure, 1908.
2. None appeared on behalf of respondent No.1, despite advance notice. 1 UPSRTC
3. Having heard learned counsel for the petitioner/UPSRTC and on perusal of the record, this Court finds that the present petition is bereft of any merits.
4. Although, evidently the claim under Sections 166 and 140 of the Motor Vehicles Act, 1988 was instituted in August 2015 indicating the details of the offending bus as UP-16P-0659, which was also recorded in the FIR, however, the learned Tribunal has recorded that during the investigation in a related criminal case, the real identity/registration number of the offending bus has been found to be UP-32CN-0659.
5. Learned counsel for the petitioner/UPSRTC acknowledged that it is the driver of UP-32CN-0659, who has been arraigned for the trial in the criminal case. Although, the amendment has been sought by respondent No.1/claimant at the belated stage of recording of evidence of the respondent, including the appellant/Insurance Company, which shows lack of due diligence, however, the approach adopted by the learned Tribunal in allowing the said amendment in the claim petition insofar as it reflects the correct registration number of the offending bus cannot be faulted on any grounds. The respondent No.1 has also been burdened with a cost of Rs. 5,000/- to be paid to the learned counsel for the petitioner/UPSRTC.
6. In view of the foregoing discussion, this Court finds that the learned Tribunal has committed no illegality or perversity in passing the impugned judgment-cum-award dated 01.12.2023. Therefore, the present petition is dismissed. The pending application also stands disposed of.
7. A copy of this order be sent to the learned Tribunal for information and necessary compliance.
DHARMESH SHARMA, J. APRIL 03, 2024