JUDGMENT/ORDER

1. Heard learned Counsel for the parties.

2. The challenge in this Petition is to an Order dtd. 23/11/2022 passed by the Member, Motor Accident Claims Tribunal (Tribunal for short), Mapusa, thereby dismissing the application filed by the claimant for amendment under Order VI Rule 17 of the Code of Civil Procedure, 1908 (CPC).

3. The accident in question occurred on 29/1/2017. One scooter gave dash to the Petitioner's scooter due to which he fell down on the road. The front tyre from the driver's side of the Tipper Truck which Respondent No.1 was driving went over the left leg of the Petitioner resulting in amputation of his four fingers. The Petitioner filed a Claim Petition before the Tribunal under Sec. 166 of the Motor Vehicles Act, 1988 (M. V. Act, for short), against the Respondents herein being Claim Petition No. 63/2016.

4. On 19/11/2022, the Petitioner filed an application under Order VI Rule 17 of the CPC for amending his Claim Petition from Sec. 166 to Sec. 163-A of the Motor Vehicles Act, which application was not seriously objected to by the Respondent No.2-Insurance Company. An endorsement was made by the learned Counsel for the Respondent No.2 to the effect