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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJAY KUMAR MISHRA
Minati Lenka – Appellant
Versus
Amulya Kumar Mohapatra – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3) |
| 2. arguments regarding procedural error. (Para 4 , 5 , 6 , 7) |
| 3. court's reasoning on correcting judgment errors. (Para 8 , 9 , 10 , 11) |
| 4. court's decision on correcting policy number error. (Para 12) |
| 5. final orders and directions issued by the court. (Para 13 , 14 , 15) |
JUDGMENT :
S.K. MISHRA, J.
1. The Writ Petition has been preferred by the Petitioners to set aside the order dated 11.04.2023 passed by the District Judge-cum-1st Motor Accident Claims Tribunal, Kendrapara, in M.A.C No.97 of 2017 (Annexure-6) vide which the court below rejected the petition filed by the Petitioners under Section-152 of the CPC for correction of the Policy Number in paragraph 12 of the judgment.
2. The brief background facts, which led to file the present Writ Petition, is that on 06.04.2017 while the son of the Petitioner Nos.1 & 2, who is the brother of the Petitioner No.3, was going in his motor cycle bearing Registration No.OD-02-AE-2915 as a pillion rider from Chaudakulat on Chaudakulat-Gogua road, a truck bearing registration no.OR-09-E-9967 came from Chaudakulat side in a rash and negligent manner and dashed the motor cycle from
Errors in judgments, including typographical mistakes in policy numbers, qualify for correction under Section 152 of the CPC to ensure the enforcement of just compensation.
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....
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....
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 ....
Mistaken involvement of a party in insurance claims without proper disclosure invalidates awards; intentional misrepresentation is deemed fraud.
The main legal point established is that a court should not dismiss an application without considering the specific reasons provided by the petitioner and should not rely solely on headnotes of previ....
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