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Friday, March 5, 2010

2010(1) LAW HERALD (P&H) 8


IN THE HIGH COURT OF PUNJAB AND HARYANA

Before

The Hon’ble Mrs. Justice Sabina

Civil Revision No. 7164 2009 (O&M)

New India Assurance Company Ltd.

v.

Sanjeev Kumar & Anr.

{Decided on 08/12/2009}

For the Petitioner: Mr. V. Ramswaroop, Advocate.

IMPORTANT POINT

Accident--Amendment of Claim petition--Averment that due to inadvertence as previous petition of some other person income had been mentioned as Rs.15,000/- p.m. and consequently same income was mentioned qua claimant at time of filing of claim petition whereas claimant was only earning Rs.3000/- p.m.--Amendment allowed.

(A) Motor Vehicles Act, 1988, S.163-A--Amendment of Claim petition--Claimant sought amendment in the claim petition qua column No.5 relating to his monthly income--Claimant a barber pleaded initially that his monthly income was Rs.15,000/- per month--However, in the application, it has been averred that this was due to inadvertence as in a previous petition of some other person, the income had been mentioned as Rs.15,000/- per month and consequently, the same income was mentioned qua the claimant at the time of filing of the claim petition, whereas, the claimant was only earning Rs.3,000/- per month--Not a case where the claimant wants to convert his claim petition from Section 166 of the Act to Section 163-A of the Act--Claim is also not barred by limitation--In the facts and circumstances--Learned Tribunal rightly allowed the application for permission to amend the claim petition as the mistake in the column of income was due to inadvertence. (P.6)

(B) Motor Vehicles Act, 1988, S.163-A--Amendment of Claim petition--Averment that due to inadvertence as previous petition of some other person income had been mentioned as Rs.15,000/- p.m. and consequently same income was mentioned qua claimant at time of filing of claim petition whereas claimant was only earning Rs.3000/- p.m.--Amendment allowed. (P.6)

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