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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJAY KUMAR MISHRA
Iffco Tokio General Insurance Co. Ltd. – Appellant
Versus
Jairam Munda – Respondent
| Table of Content |
|---|
| 1. writ petition challenges mac tribunal's amendment order. (Para 1) |
| 2. arguments on amendment's impact on liability and previous stand. (Para 2 , 3 , 4 , 6) |
| 3. court's view on amendment's nature and necessity. (Para 5 , 7) |
| 4. court sets aside amendment for lack of consideration. (Para 8) |
| 5. writ petition disposed without cost. (Para 9) |
JUDGMENT :
The Writ Petition has been preferred by the Petitioner/Insurance Company (Opposite Party No.2 before the Court below) challenging the order darted 21.10.2016 passed in M.A.C.T. No.11 of 2015, pending before the Court of Additional District & Sessions Judge-cum-3rd M.A.C.T., Kuchinda, vide which the application of the Claimants/Petitioners under Order-6, Rule-17 of C.P.C. for amendment of the petition has been allowed by the Court below with an observation that proposed amendment is formal in nature and will not change the nature and character of the petition in any manner.
3. Mr. Dutta further draws attention of this Court to the Charge Sheet and submits, one Susanta Kumar Biswal was driving the said offending tractor which was proceeding for collection of sand engaging labourers namely, Nidhu Pradhan, Jayadev Rohidas @ Petu and
Amendment of pleadings in claims is permissible if necessary for justice, but should not change the nature of the case or prejudice other parties.
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 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 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....
Dismissal of application to set aside an ex-parte award in a motor accident claim cannot solely rely on delay when a prior concession was made by the opposing party, warranting examination of justice....
The financial benefits of compassionate employment should not be deducted from the compensation amount payable by the tort feasor.
The court's decision was based on the interpretation of the provisions of Sec. 163A of the Motor Vehicles Act and the precedent set by the Division Bench of the Court.
The insurance company remains liable for compensation claims even after the death of the insured, as per Section 155 of the Motor Vehicles Act, 1988, provided the claim arises from an event covered u....
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