1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3854 OF 2008 (Bhagwan Kawduji Nimbarte vs. Dhyneshwar Nathuji Dhobale & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. OCTOBER 17, 2008. Heard Shri Kasat, learned counsel for the petitioner and Ms. U.A. Bhattad, learned counsel for the respondents. The order dated 30.9.2006 by which Motor Accident Claims Tribunal, Nagpur, has allowed the claim to be enhanced from Rs.50,000/- to Rs. One lakh has been challenged by the respondents. Shri Kasat, learned counsel contends that as initially claim was only for Rs.50,00/-, after depositing that amount under no fault liability, the petitioner thought the matter is over. Much later, he learnt that the claim has been hiked. He states that because of his earlier impression, he has not cross examined the respondents and has also not opposed the amendment. Ms. Bhattad, learned counsel states that the petitioner is free to carry out consequential 2 amendment and also to cross examine the claimants in accordance with law. It is apparent that as the claim has been hiked, the petitioner ought to have been given one opportunity to meet the hiked claim. In these circumstances, the petitioner is permitted to carry out the consequential amendment in his reply written statement, if already filed. Similarly, he is permitted to cross examine the claimants before MACT in Claim Petition No. 1078 of 2004. After he completes cross examination, MACT shall proceed further with the trial of the matter in accordance with law. Writ Petition is partly allowed to the extent mentioned above. No order as to costs. The parties to appear before the MACT, Nagpur, on the next date scheduled, as the matter was already fixed yesterday i.e. on 16.10.2008. JUDGE *GS.