Kerala High Court
Amal.G.P vs Sreekumari on 4 July, 2025
OP (MAC) Nos.78,79,81 &
83 OF 2025 1 2025:KER:48981
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 4th DAY OF JULY 2025 / 13TH ASHADHA, 1947
OP (MAC) NO. 78 OF 2025
AGAINST THE ORDER DATED 06.05.2025 IN OPMV NO.1616 OF
2018 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL
PETITIONER/PETITIONER/APPLICANT:
DHANYADAS.V @ DHANYA, AGED 40 YEARS,
W/O MANIYAN, VAYAL BUNGLOW, PERUNGUZHI,
AZHOOR, THIRUVANANTHAPURAM, PIN - 695305
BY ADV SRI.M.R.SARIN
RESPONDENTS/RESPONDENTS/RESPONDENTS:
1 SREEKUMARI,
D/O BHAVANI AMMA, SREERAGAM, MATHERI,
THOTTAPPALLY, PURAKKADU, ALAPPUZHA,
PIN - 688561
2 SANDESH.S.MENON, S/O SIVANKUTTY, SREERAGAM,
THOTTAPPALLY, ALAPPUZHA,, PIN - 688561
3 ABHILASH, S/O RAMESAN, R.V HOUSE,CHIRAKKAL,
CHARUVILAKAM, NEAR PUTHENTHOPPU HOSPITAL,
THIRUVANANTHAPURAM, PIN - 695586
4 RENJITH LAL, S/O RAVEENDRAN, NEDUVILA VEEDU,
ULOOR, MEDICAL COLLEGE, THIRUVANANTHAPURAM,
PIN - 695011
5 THE ORIENTAL INSURANCE CO LTD,
ST MARY VILLA, ULLOOR, THIRUVANANTHAPURAM,
REPRSENTED BY ITS MANAGER, PIN - 695011
OP (MAC) Nos.78,79,81 &
83 OF 2025 2 2025:KER:48981
K.S. SANTHI, SC.
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON
04.07.2025, ALONG WITH OP (MAC).79/2025, 81/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (MAC) Nos.78,79,81 &
83 OF 2025 3 2025:KER:48981
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 4th DAY OF JULY 2025 / 13TH ASHADHA, 1947
OP (MAC) NO. 79 OF 2025
AGAINST THE ORDER DATED 06.05.2025 IN OPMV NO.1615 OF
2018 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL
PETITIONER:
ARADHYA (MINOR), AGED 6 YEARS,
REPRESENTED BY HER MOTHER DHANYADAS.V @
DHANYA,AGED 40 YEARS, W/O MANIYAN,
VAYAL BUNGLOW, PERUNGUZHI, AZHOOR,
THIRUVANANTHAPURAM, PIN - 695305
BY ADV SRI.M.R.SARIN
RESPONDENTS:
1 SREEKUMARI, D/O BHAVANI AMMA, SREERAGAM,
MATHERI, THOTTAPPALLY, PURAKKADU, ALAPPUZHA,
PIN - 688561
2 SANDESH.S.MENON, S/O SIVANKUTTY, SREERAGAM,
THOTTAPPALLY, ALAPPUZHA, PIN - 688561
3 ABHILASH, S/O RAMESAN, R.V HOUSE,CHIRAKKAL,
CHARUVILAKAM, NEAR PUTHENTHOPPU HOSPITAL,
THIRUVANANTHAPURAM, PIN - 695586
4 RENJITH LAL, S/O RAVEENDRAN, NEDUVILA VEEDU,
ULOOR, MEDICAL COLLEGE, THIRUVANANTHAPURAM,
PIN - 695011
5 THE ORIENTAL INSURANCE CO LTD.,
OP (MAC) Nos.78,79,81 &
83 OF 2025 4 2025:KER:48981
ST MARY VILLA, ULLOOR, THIRUVANANTHAPURAM,
REPRSENTED BY ITS MANAGER, PIN - 695011
K.S. SANTHI, SC.
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON
04.07.2025, ALONG WITH OP (MAC).78/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (MAC) Nos.78,79,81 &
83 OF 2025 5 2025:KER:48981
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 4th DAY OF JULY 2025 / 13TH ASHADHA, 1947
OP (MAC) NO. 81 OF 2025
AGAINST THE ORDER DATED 06.05.2025 IN OPMV NO.1614 OF
2018 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL
PETITIONER:
ANAMIKA (MINOR), AGED 11 YEARS,
REPRESENTED BY HER MOTHER DHANYADAS.V @
DHANYA,AGED 40 YEARS, W/O MANIYAN, VAYAL
BUNGLOW, PERUNGUZHI, AZHOOR, THIRUVANANTHAPURAM,
PIN - 695305
BY ADV SRI.M.R.SARIN
RESPONDENTS:
1 SREEKUMARI, D/O BHAVANI AMMA, SREERAGAM,
MATHERI, THOTTAPPALLY, PURAKKADU, ALAPPUZHA,
PIN - 688561
2 SANDESH.S.MENON, S/O SIVANKUTTY, SREERAGAM,
THOTTAPPALLY, ALAPPUZHA, PIN - 688561
3 ABHILASH, S/O RAMESAN, R.V HOUSE,CHIRAKKAL,
CHARUVILAKAM, NEAR PUTHENTHOPPU HOSPITAL,
THIRUVANANTHAPURAM, PIN - 695586
4 RENJITH LAL, S/O RAVEENDRAN, NEDUVILA VEEDU,
ULOOR, MEDICAL COLLEGE, THIRUVANANTHAPURAM,
PIN - 695011
OP (MAC) Nos.78,79,81 &
83 OF 2025 6 2025:KER:48981
5 THE ORIENTAL INSURANCE CO LTD,
ST MARY VILLA, ULLOOR, THIRUVANANTHAPURAM,
REPRESENTED BY ITS MANAGER, PIN - 695011
K.S. SANTHI, SC.
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON
04.07.2025, ALONG WITH OP (MAC).78/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (MAC) Nos.78,79,81 &
83 OF 2025 7 2025:KER:48981
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 4th DAY OF JULY 2025 / 13TH ASHADHA, 1947
OP (MAC) NO. 83 OF 2025
AGAINST THE ORDER DATED 06.05.2025 IN OPMV NO.1613 OF
2018 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL
PETITIONER:
AMAL.G.P., AGED 27 YEARS,
S/O GOPALAKRISHNA PILLAI,AKHIL BHAVAN,
CHILAMBIL, AZHOOR VILLAGE, THIRUVANANTHAPURAM,
PIN - 695305
BY ADV SRI.M.R.SARIN
RESPONDENTS:
1 SREEKUMARI, D/O BHAVANI AMMA, SREERAGAM,
MATHERI, THOTTAPPALLY, PURAKKADU, ALAPPUZHA,
PIN - 688561
2 SANDESH.S.MENON, S/O SIVANKUTTY, SREERAGAM,
THOTTAPPALLY, ALAPPUZHA, PIN - 688561
3 ABHILASH, S/O RAMESAN, R.V HOUSE,CHIRAKKAL,
CHARUVILAKAM, NEAR PUTHENTHOPPU HOSPITAL,
THIRUVANANTHAPURAM, PIN - 695586
4 RENJITH LAL, S/O RAVEENDRAN, NEDUVILA VEEDU,
ULOOR, MEDICAL COLLEGE, THIRUVANANTHAPURAM,
PIN - 695011
5 THE ORIENTAL INSURANCE CO LTD,
ST MARY VILLA, ULLOOR, THIRUVANANTHAPURAM,
OP (MAC) Nos.78,79,81 &
83 OF 2025 8 2025:KER:48981
REPRESENTED BY ITS MANAGER, PIN - 695011
K.S. SANTHI, SC.
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON
04.07.2025, ALONG WITH OP (MAC).78/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (MAC) Nos.78,79,81 &
83 OF 2025 9 2025:KER:48981
JUDGMENT
[OP (MAC) Nos.78/2025, 79/2025, 81/2025, 83/2025] All these Original petitions are filed challenging the rejection of the applications filed by the petitioners for amendment of the claim petitions. The petitioners, through the amendment, which was filed after the closing of the evidence, contended that the original pleading, which attributed negligence to the drivers of both vehicles, had to be amended by limiting the same to the driver of one vehicle. The Tribunal found that the amendment now sought will change the cause of action.
2. Since the petitioners disputed the fact that the evidence was over, this court by order dated 20.06.2025 directed the Registry to get a report from the Motor Accidents Claims Tribunal, Attingal, as regards the status of the claim petitions and also whether the recording of the evidence in the said cases have been closed.
3. Pursuant to the above, a communication was received on 22.06.2025 from the Tribunal concerned stating that the recording OP (MAC) Nos.78,79,81 & 83 OF 2025 10 2025:KER:48981 of the evidence was complete and the case was posted for final hearing, and it was at that stage that the petitioners filed the applications seeking amendment of the original applications.
4. Though the learned counsel for the petitioners submits that there is no bar in allowing amendment applications even at the appellate stage, taking note of the facts of this case and also the proposed amendment sought, I am not inclined to consider the said contention. That apart, I do not find any illegality in the orders impugned in these original petitions. The original petitions lack merits and the same are dismissed. However, this will not preclude the petitioners from taking up all legal contentions available to them at the time of hearing of the claim petitions.
Subject to the above, the original petitions are dismissed.
Sd/-
MOHAMMED NIAS C.P. JUDGE DMR/-
OP (MAC) Nos.78,79,81 & 83 OF 2025 11 2025:KER:48981 APPENDIX OF OP (MAC) 79/2025 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE O.P (MV) NO 1615/2018 FILED BY THE PETITIONER/CLAIMANT DATED 12.11.2018 BEFORE MOTOR ACCIDENTS CLAIMS TRIBUNAL, ATTINGAL Exhibit P2 THE COPY OF THE ORDER IN I.A 1/2024 IN O.P (MV) 1615/2018 PASSED BY MOTOR ACCIDENTS CLAIMS TRIBUNAL, ATTINGAL DATED 6.05.2025 Exhibit P3 THE COPY OF I.A 1/2024 IN O.P (MV) 1615/2018 FILED BY THE PETITIONER BEFORE MOTOR ACCIDENTS CLAIMS TRIBUNAL, ATTINGAL // TRUE COPY // P.A. TO JUDGE OP (MAC) Nos.78,79,81 & 83 OF 2025 12 2025:KER:48981 APPENDIX OF OP (MAC) 81/2025 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE O.P (MV) NO 1614/2018 FILED BY THE PETITIONER BEFORE MOTOR ACCIDENTS CLAIMS TRIBUNAL, ATTINGAL DATED 12.11.2018 Exhibit P2 THE COPY OF THE ORDER IN I.A 1/2024 IN O.P (MV) 1614/2018 DATED 6.05.2018 PASSED BY MACT TRIBUNAL.
Exhibit P3 THE COPY OF THE I.A 1/2024 IN O.P (MV)
1614/2018 FILED BY THE
PETITIONER/CLAIMANT BEFORE THE MACT
TRIBUNAL, ATTINGAL
// TRUE COPY //
P.A. TO JUDGE
OP (MAC) Nos.78,79,81 &
83 OF 2025 13 2025:KER:48981
APPENDIX OF OP (MAC) 83/2025
PETITIONER'S EXHIBITS
Exhibit P 1 THE TRUE COPY OF THE O.P (MV) NO
1613/2018 DATED 3.11.2018 FILED BY PETITIONER BEFORE THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, ATTINGAL Exhibit P2 THE COPY OF THE COMMON ORDER IN I.A 4/2024 AND I.A 5/2024 IN O.P (MV) 1613/2018 PASSED BY THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, ATTINGAL DATED 6.05.2025 Exhibit P3 THE COPY OF THE I.A 5/2024 IN O.P (MV) 1613/2018 FILED BY THE PETITIONER BEFORE THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, ATTINGAL DATED 4.10.2024 Exhibit P4 THE COPY OF THE OF I.A4/2024 IN O.P (MV) 1613/2018 DATED 25.11.2024 // TRUE COPY // P.A. TO JUDGE OP (MAC) Nos.78,79,81 & 83 OF 2025 14 2025:KER:48981 APPENDIX OF OP (MAC) 78/2025 PETITIONER'S EXHIBITS Exhibit P 1 THE TRUE COPY OF THE O.P (MV) NO 1616/2018 DATED 3.11.2018 PETITION FILED BY THE PETITIONER/CLAIMANT BEFORE THE MACT TRIBUNAL, ATTINGAL.
Exhibit P2 THE TRUE COPY OF THE ORDER IN I.A 2/2024 IN O.P (MV) 1616/2018 DATED 6.05.2025 PASSED BY MACT TRIBUNAL, ATTINGAL Exhibit P3 THE COPY OF THE I.A 2/2024 IN O.P (MV) 1616/2018 FILED BY THE PETITIONER/CLAIMANT BEFORE THE MACT TRIBUNAL, ATTINGAL // TRUE COPY // P.A. TO JUDGE