Bajaj Allianz General Insurance ... vs A.P.Eliyamma
2023 Latest Caselaw 9803 Ker

O.P. (MAC) No. 100/2021                     :1:



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

             THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

     WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945

                          OP (MAC) NO. 100 OF 2021

  OPMV 340/2017 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA, WAYANAD

PETITIONER/4TH RESPONDENT IN OP(MV):
           BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED,
           A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING
           ITS REGISTERED OFFICE AT GE PLAZA, AIRPORT ROAD, YERWADA,
           PUNE-411 006 AND BRANCH OFFICE AT 3RD FLOOR, COASTAL
           CHAMBERS, OPPOSITE MERCY ESTATE, RAVIPURAM, COCHIN,
           PIN-682 015, REPRESENTED BY ITS SENIOR LEGAL EXECUTIVE
           RESHMA A., AGED 32 YEARS, D/O. ASHOK P.
            BY ADV THOMAS M.JACOB

RESPONDENTS/CLAIMANTS & RESPONDENTS 1, 2 AND 3 IN OP(MV):
     1    A.P.ELIYAMMA, AGED 67 YEARS
          W/O. JOSEPH, PALINADATH HOUSE, PURAKKADI VILLAGE,
          MEENANGADI P.O., WAYANAD, PIN-673 591.
     2    JOSEPH K.V., AGED 68 YEARS
          S/O. VARKEY, KIZHAKINEDATH HOUSE, MANJAPPARA, NARIKUND,
          AMBALAVAYAL, SULTHANBATHERY TALUK, WAYANAD DISTRICT,
          PIN-673 593.
     3    MANJUNATH V.,
          AGED 35 YEARS
          S/O. VENGATESHAPPA, MALLAYANA, GURKI (V), DOODDA CHIMMUR
          P.O., BANGANPET, KOLAR DISTRICT, KARNATAKA, PIN-563 120.
     4    SALIMKHAN,
          AGED 54 YEARS
          FATHER'S NAME NOT KNOWN, NO.7, RCC 206/261, S.G. MUTL ROAD,
          C RAJPET, BANGALORE, KARNATAKA, PIN-560 018.
     5    THE BRANCH MANAGER,
          ORIENTAL INSURANCE COMPANY LIMITED, IST FLOOR, KINGSWAY
          BUILDING, MAVOOR ROAD, KOZHIKODE, PIN-673 004.
          BY ADVS.
          A.R.NIMOD
          M.A.AUGUSTINE

THIS OP (MAC) HAVING BEEN FINALLY HEARD ON 13.09.2023, THE COURT ON THE

SAME DAY DELIVERED THE FOLLOWING:
 O.P. (MAC) No. 100/2021                  :2:


                               JUDGMENT

The present writ petition has been filed seeking the following

relief:

To set aside Exhibit P6 order dated 28.06.2021 in I.A. No. 6/2021 in OP(MV) No. 340 of 2017 of MACT, Kalpetta, Wayanad and allow Exhibit P5 petition for amendment as prayed for.

2. The petitioner, the 4 th respondent in OP(MV) No. 340 of 2017

of Motor Accident Claims Tribunal, Kalpetta, Wayanad, is the insurer of

the motorcycle bearing registration No. KA-03 EY 2493, which met

with an accident on 26.01.2007 with a lorry bearing registration No.

KA 19 B 5767. As a result, the rider of the motor cycle and the pillion

rider sustained injuries and died.

3. Heard the learned counsel for the petitioner and the learned

counsel for respondent Nos. 1 and 2 as well as respondent No.5.

4. The claim petition, OP (MV) No. 340/2017, has been filed by

the legal heir of the deceased Joby K. Joseph. An amendment

application came to be filed as there was some typographical error in

respect of the vehicle insured by the petitioner and thus, the mistakes

are mentioned for correction in paragraph 2 and 3 of the application.

By allowing the amendment in the written statement filed by the

petitioner, the nature of plea in the written statement or the case of

the Insurance Company will not get changed. I am of the view that

the Motor Accident Claims Tribunal ought to have allowed the

amendment as sought for in paragraphs 2 and 3 of the amendment

application. The learned counsel for respondent Nos. 1 and 2 submits

that they have no objection in allowing the amendment as sought for

in paragraphs 2 and 3 of Exhibit P5 amendment application, I.A. No. 6

of 2021 in O.P.(MV) No. 340/2017.

5. Accordingly, the impugned Exhibit P6 order is set aside. The

amendment application for amending the written statement on behalf

of the petitioner Insurance Company, as mentioned in paragraphs 2

and 3, are allowed. The petitioner is directed to carry out the said

amendment within 10 days from today. The Motor Accident Claims

Tribunal, Wayanad, Kalpetta is directed to proceed with O.P.(MV) No.

340 of 2017 and pass appropriate orders in accordance with law

expeditiously.

With the aforesaid direction, the Original Petition stands allowed.

sd/-

DINESH KUMAR SINGH JUDGE.

Rv

APPENDIX OF OP (MAC) 100/2021

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE CLAIM PETITION DATED 10.8.2017 IN OP(MV)340/2017 OF MACT KALPETTA.

Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT OF THE PETITIONER HEREIN/4TH RESPONDENT IN THE CLAIM PETITION.

Exhibit P3 TRUE COPY OF THE AMENDMENT PETITION I.A.NO.1/2020 DATED 13.7.2020 FILED BY THE CLAIM PETITIONERS.

Exhibit P4 TRUE COPY OF THE COUNTER TO AMENDMENT PETITION I.A.1/2020 FILED BY THE PETITIONER HEREIN/4TH RESPONDENT IN THE CLAIM PETITION.

Exhibit P5 TRUE COPY OF I.A.NO.6 OF 2021 FOR AMENDMENT OF WRITTEN STATEMENT OF PETITIONER HEREIN/4TH RESPONDENT IN THE CLAIM PETITION.

Exhibit P6 TRUE COPY OF ORDER DATED 28.6.2021 IN I.A.NO.6 OF 2021 IN OP(MV) 340/2017 OF MACT KALPETTA.

RESPONDENTS' EXHIBITS: NIL

True Copy

PS To Judge.

rv