Civil Revision No. 2860 of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No. 2860 of 2009 Date of decision : April 20, 2010 The New India Assurance Company Ltd. ....Petitioner versus Paramjit Kaur and others ....Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. V. Ramswaroop, Advocate, for the petitioner Mr. Sandeep Bansal, Advocate, for respondents no. 1 to 3 L.N. Mittal, J. (Oral) The New India Assurance Company Limited has filed the instant revision petition under Article 227 of the Constitution of India challenging order dated 5.3.2009 passed by learned Motor Accident Claims Tribunal, Hoshiarpur, thereby allowing amendment application moved by claimants/respondents no. 1 to 4 for amendment of their claim petition. Respondents no. 1 to 4 have filed claim petition Annexure P/1 under section 163-A of the Motor Vehicles Act, 1988 (in short, the Act) claiming compensation for the death of one Harjit Singh caused in motor vehicular accident. In the claim petition, monthly income of the deceased was stated to be Rs 10,000/- per month. By amendment, the claimants have Civil Revision No. 2860 of 2009 -2- alleged that after deduction of expenses net income of the deceased was Rs 3000/- per month approximately. The said amendment has been allowed by the Claims Tribunal. I have heard learned counsel for the parties and perused the case file. Learned counsel for the petitioner fairly states that in view of unreported judgment dated 8.12.2009 passed by this Court in Civil Revision No. 7164 of 2009, titled The New India Assurance Company Ltd. Versus Sanjeev Kumar and another, the instant revision petition is liable to fail. I have gone through the aforesaid judgment. The same is applicable to the instant case. In that case also, the claimant pleaded income to be Rs 15,000/- and by amendment he was allowed to plead that his income was Rs 3000/- per month. The Tribunal allowed the said amendment. Order of the Tribunal has been upheld in the aforesaid judgment. Same is the position in the instant case. Income of the deceased has been reduced from Rs 10,000/- per month to Rs 3000/- per month by amendment in the instant case. There is, therefore, no infirmity or illegality in the impugned order of the trial court. The case is squarely covered by the judgment in the case of Sanjeev Kumar (supra). In view of the aforesaid, the instant revision petition is dismissed. ( L.N. Mittal ) April 20, 2010 Judge 'dalbir'