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2026 Supreme(Online)(Ker) 12972

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
MAIMUNATH.K. – Appellant
Versus
MANOJ.T. – Respondent
OP (MAC) NO. 169 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.P.M.RAFIQ
For the Respondents: SRI.P.SAMSUDIN, SHRI.E.C.AHAMED FAZIL, SRI.JOHN JOSEPH VETTIKAD, SRI.JASNEED JAMAL, SMT.LIRA A.B., SMT.DEVIKA E.D., SRI. LAL K. JOSEPH, SC.

Amendments to pleadings in ongoing proceedings can be allowed to ensure justice, provided no prejudice occurs to other parties.

Headnote:This judgment involves the application for amendment in an ongoing motor vehicle accident claim case. The court analyzed the relevant evidence and allowed the amendment to incorporate a plea regarding the involvement of another vehicle. The Tribunal was directed to resolve the claim petition expeditiously. The amendment does not imply acceptance of its content by the court but allows for further consideration based on evidence.

JUDGMENT The 1st petitioner is the 2nd respondent in OPMV No.184 of

2022. Petitioners 2 to 5, subsequently impleaded as additional supplementary respondents 4 and 6 to 8, are the legal heirs of the 1st respondent, who expired on 25.09.2025. The said OP(MAC) was filed claiming compensation on account of the death of the 1st respondent’s son in a road accident.

2. The 1st petitioner herein, who is the guardian of the 2nd petitioner, filed Ext.P5 application to implead the rider and owner of a vehicle bearing registration No.KL-53/Q 0457, which he claims is the other vehicle involved in the accident, as a necessary party by amending the written statement, and to incorporate the plea regarding said vehicle's involvement as well.

3. Ext.P6 objection was filed by the claimants. The Tribunal, by Ext.P7 order, found that the 1st respondent had given evidence as RW2, and he had stated the involvement of the vehicle bearing registration No.KL-53/Q 0457. It is also stated that there was no request made to make the driver of the vehicle an accused in the crime and since there was no prima facie material to connect the involvement of the vehicle bearing registration No.KL-53/Q 0457, in this case, there is no requirement of amendment, and the application was rejected.

4. Learned counsel for the claimants submits that the evidence of the claimant and the 3 witnesses on the side of the respondents is already over, and to allow the amendment at this stage will cause further delay in the disposal of the claim petition.

5. Heard both sides.

6. Taking note of the fact that Ext.P4 FIS clearly mentions the involvement of the vehicle bearing registration No.KL-53/Q 0457 and the fact that what is sought for is only an amendment to incorporate a plea, I am inclined to allow the said application for amendment to incorporate the details about the involvement of the 2nd vehicle in question. Accordingly, I.A. No.8 of 2025 in OPMV No.184 of 2022 on the files of the Motor Accident Claims Tribunal, Manjeri, is allowed. The respondents will be permitted to file additional pleadings opposing the averments incorporated in the amendment. Application filed for impleading will also stand allowed.

7. Taking note of the fact that trial has already commenced, and the evidence of the claimant and 3 witnesses is complete, there will be a further direction to the Tribunal concerned to finally dispose of the claim petition within three months from the date of receipt of a copy of the judgment. Needless to say, the fact that the amendment application is allowed does not make any contents thereof as accepted by this Court, as only a plea as regards the involvement of the other vehicle is allowed to be incorporated, which has to be considered based on the evidence adduced by the parties.

The original petition is disposed of as above.

Sd/-

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