IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
ARAVINDAKSHAN PILLAI – Appellant
Versus
ANZARI – Respondent
| Table of Content |
|---|
| 1. challenge to tribunal decision on claim petition. (Para 1) |
| 2. arguments about the amendment to claim. (Para 2) |
| 3. court's observations on procedural fairness. (Para 4 , 5 , 6) |
JUDGMENT
The claimant in O.P.(M.V.) No. 1223 of 2018 before the Motor Accidents Claims Tribunal, Kollam, has instituted this appeal, seeking to challenge the rejection of the claim petition by the impugned order dated 12.11.2021.
2. Smt.Radhika Anil, the learned counsel for the appellant, would submit that the Tribunal went wrong in rejecting the claim petition without noticing the amendment to the petition, carried out as evidenced by Annexure A2 order dated 25.06.2020. It is her submission that, though the original claim petition was filed with reference to the provisions of 166 (1) of the Motor Vehicles Act , 1988, subsequently, the claimant had sought for an amendment under the provisions of the Code of Civil Procedure ,1908 for amending the provision to 163(A) of the ,1988 which stood allowed by Annexure A2 order. 3. Smt.Jesna K., on behalf of the 1st respondent, owner of the vehicle, as well as Sri.V.P.K.Panicker, on behalf of the Insurance Company, also made submissions with respect t
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