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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Kamla – Appellant
Versus
Ajay Sautha – Respondent
The present petition arises out of the order dated 28.08.2025, as passed by the learned Additional District Judge(II), Shimla, H.P., whereby the application filed by the claimants/petitioners for the amendment of the petition has been ordered to be dismissed.
2. Brief facts of the case are that the claimants/petitioners filed petition before the learned Motor Accident Claim Tribunal, Rohru, District Shimla, H.P. by filing Claim Petition bearing case No. M.A.C.T/2/2024, titled as Kamla & others vs. Ajay Sauhta & another. It was claimed in the Claim Petition that Smt. Khali Budha alias Khimla, wife of Sh. Jai Bahadur Budha (mother of the petitioners) died in an accident on 10.09.2023 at about 6.00 p.m when she was returning back to her home after completing her work in a vehicle bearing No. HP63-7198 (Truck-Tipper). It was stated that driver of the truck namely Dinesh son of Sh. Ramesh,r/o Sukeda, Nepal, c/o Ajay Sauhta, r/o VPO Dhar, Tehsil Jubbal, District Shimla, H.P. was driving the vehicle in a rash and negligent manner and he could not control it and as a result of which truck fell down from the road in a ditch. The deceased received serious and grievou
Amendment under Order VI Rule 17 CPC impermissible if changes basic structure of pleadings, withdraws admissions, lacks due diligence, and counters insurer defense post-reply in motor accident claim ....
Amendment under Order VI Rule 17 rejected in claim petition as it altered fundamental nature from passenger death in goods vehicle to crushing of labourer, lacked due diligence, contradicted FIR, and....
Amendment under Order VI Rule 17 refused when it changes claim's fundamental character from passengers in goods vehicle to workers crushed below road, withdraws admissions, lacks due diligence, and a....
Amendment of pleadings in claims is permissible if necessary for justice, but should not change the nature of the case or prejudice other parties.
The Claims Tribunal must complete pleadings and conduct inquiries before deciding on the liabilities of parties in motor accident claims; premature deletions or piecemeal rulings are prohibited.
Amendments to pleadings under Order 6, Rule 17 CPC should be liberally allowed unless they cause serious injustice or change the nature of the suit.
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