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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Kamla – Appellant
Versus
Ajay Sautha – Respondent
| Table of Content |
|---|
| 1. claim filed for fatal truck accident negligence. (Para 1 , 2) |
| 2. insurance denies liability for policy breaches. (Para 3 , 4) |
| 3. amendment alleges crushed by falling truck. (Para 5 , 6 , 7 , 8) |
| 4. amendment changes case nature, lacks diligence. (Para 9 , 10 , 11) |
| 5. tribunal rejects amendment application. (Para 12 , 13) |
| 6. parties argue amendment under order vi rule 17. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 7. amendment impermissible if alters fundamental structure. (Para 21 , 22 , 23 , 24 , 25 , 26) |
| 8. similar amendments rejected by coordinate bench. (Para 27 , 28 , 29 , 30) |
| 9. petition dismissed; order upheld. (Para 31) |
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 M.A.C.T/3/2024, titled as Kamla & others vs. Ajay Sauhta & another. It was cla
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 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 as it introduced new inconsistent facts changing accident from passengers injured in rollover to workers crushed by rolling vehicle, altering cause of action....
Amendment under Order VI Rule 17 impermissible at arguments stage without delay explanation or due diligence, if it alters case complexion impacting negligence determination.
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.
(1) Motor accident – After lodging FIR and on receipt of information by insurance company, it would be duty of company to appoint a Nodal Officer and furnish intimation to State police, who shall coo....
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