Anand Kumar Jain vs Union Of India - 1985 Supreme(SC) 218

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1985 Supreme(SC) 218

SUPREME COURT OF INDIA
P.N. BHAGWATI, C.J.I. AND AMARENDRA NATH SEN, J.
Anand Kumar Jain, Appellant
Versus
Union of India and another, Respondents.
Civil Appeal No. 3135 of 1985, D/-29-7-1985.

Headnote:
Motor Accident Claims Tribunal – prayed for appellant should have been allowed – Appellant merely wanted enhancement of original claim of ground that permanent disability to extent discovered after he had filed his original claim is no reason why this amendment should not be granted allow appeal set aside order passed by High Court as also order passed by Motor Accident Claims – Held, Appeal, set aside the order passed by High Court as also order passed by Motor Accident Claims Tribunal and allow application of the appellant to amend claim petition, as prayed for by him amendment will be carried out by appellant within 6 weeks from of receipt of copy of this order by Motor Accident Claims Tribunal respondents will file their supplementary written statement, if any, within 2 weeks from when amendment is carried out will be no order as to costs – Appeal allowed.

JUDGMENT:

Leave granted.

2. This is a fit case in which the amendment prayed for by the appellant should have been allowed. The appellant merely wanted enhancement of the original claim of Rs. 40,000/- to Rs. 3 lakhs on the ground that permanent disability to the extent of 50% was discovered after he had filed his original claim. There is no reason why this amendment should not be granted. We therefore, allow the appeal, set aside the order passed by the High Court as also the order passed by the Motor Accident Claims Tribunal and allow the application of the appellant to amend the claim petition, as prayed for by him. The amendment will be carried out by the appellant within 6 weeks from the date of receipt of the copy of this order by the Motor Accident Claims Tribunal. The respondents will file their supplementary written statement, if any, within 2 weeks from the date when the amendment is carried out. There will be no order as to costs.

Appeal allowed.

For Citation AIR 1986 SC 1125

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