JUDGMENT :

B.R. Sarangi, J.

1. Assailing the order dated 17.4.2015 passed by the learned District Judge-cum-M.A.C.T.-I, Balasore in M.A.C. Case No. 463 of 2013, rejecting the application filed by opposite party No. 2-Company, petitioner herein, under Order 6, Rule 17, CPC for amendment of the pleadings, the present writ petition has been filed.

2. The epitome of the facts of the case is that opposite party Nos. 2 to 5 being the claimants before the learned District Judge-cum-M.A.C.T.-I, Balasore, filed M.A.C. Case No. 463 of 2013 claiming compensation under Section 166 of the Motor Vehicle Act due to the death of one Surendra Nath Sial in a vehicular accident caused on 26.11.2013 at about 5 A.M. morning. While the deceased was coming from his native village Jhadata to Balasore by a Mahindra-Duro Scooty bearing No. OR-01TC-116, a Ashok Leyland truck bearing No. W.B.11-B-0097 which was coming from the backside, negligently and carelessly with high speed towards Balasore, dashed the deceased at Gouduni Pokhari Chhak on N.H. 5, as a result of which the deceased fell down on the ground and sustained serious injuries on his person. Immediately, he was shifted by the local people to the Dist