Bombay High CourtMCA/540/2014disposed of

Smt. Milagrina Araujo And 4 ORS., v. Mr. Mahesh S. Kambli And 2 ORS.,

2015-07-31Hon'Ble Shri Justice K. L. Wadane3 pages

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IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO. 540 OF 2014 IN FIRST APPEAL NO. 41 OF 2010

1. Smt. Milagrina Araujo widow of late Mr. Joaquim F. Araujo, aged 47 years, housewife,

2. Miss. Angela Pedrina Araujo, daughter of late Mr. Joaquim F. Araujo, aged 24 years, student,

3. Mr. Armand Araujo, son of late Mr. Joaquim F. Araujo, aged 23 years, student,

4. Miss. Alveera Araujo, daughter of late Mr. Joaquim F. Araujo, aged 21 years, student,

5. Miss. Aslinda Araujo, daughter of late Mr. Joaquim F. Araujo, aged 18 years, student, All residents of House No. J/20, Gounloy, Novem, Salcete Goa ....

Applicants V e r s u s

1. Mr. Mahesh S. Kambli, Son of Mr. Shankar Kambli, major in age, business, resident of House No.154, Dando, Caranzalem, (P.O. Tiswadi, Goa(Owner),

2. Mr. Aslam Ahmed Khan Son of Mr. Yawar Khan major in age, service, resident of near Masjid Bahadurpur, Post Manipur, Patna, District Sultanpur, Uttar Pradesh,

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Presently residing at House No.154, Dando, Caranzalem, (P.O. )Tiswadi, Goa.

(Driver ).

3. The Oriental Insurance Co. Ltd., Pereira Chambers, 1st Floor, Fr. Jose Vaz Road, P.O. Box No. 105, Vasco-da-Gama, Goa (Insurer).

...

Respondents Mr. Milton Marshal, Advocate for the appellants. Mr. E. Afonso, Advocate for the respondent no.3. CORAM : K. L. WADANE, J ORDER RESERVED ON : 16.07.2015 ORDER PRONOUNCED ON : 31.07.2015 O R D E R :

This application is filed by the applicants dated 08.05.2014 and it is pending for hearing because of the order passed by this Court on 24.11.2014 wherein it is mentioned that the application to be considered at the stage of final hearing of appeal. Hence, I have heard the arguments of both the sides. 2.

This is an application for amendment of the pleadings by which the applicants claimed total compensation of Rs.29,48,024/- and they want to amend the prayer clause accordingly. The proposed amendment is not contrary and

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inconsistent to the earlier pleadings of the petition as they only want to amend the figure of the amount of compensation. Therefore, for the reasons stated herein above, the application is allowed. The applicants are directed to amend the prayer clause as prayed for. The amendment to be carried out forthwith. The application stands disposed of accordingly.

K. L. WADANE, J at*