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Saroja Devi @ Saroj Tiwari vs District Judge / Motor Accident ...

High Court Of Judicature at Allahabad|29 August, 2019

JUDGMENT / ORDER

1. Heard learned counsels for parties.
2. The revisionist-claimant has approached this Court challenging the order dated 03.2.2014 in M.A.C.P. No.26 of 2013 whereby his amendment application has been rejected by the Motor Accident Claim Tribunal.
3. The amendment sought by the revisionist-claimant that by mistake he had given his motor cycle number as UP 45-T-5816 while the correct number was UP 45-A-5816. The court below has rejected the amendment application only on the ground that, the affidavit filed in support of the claim petition also contain the same incorrect number and there is no explanation given with regard to the same.
4. It is very obvious that the affidavit has been prepared on the basis of the pleadings and, therefore, the same mistake has occurred in the affidavit also. The amendment is trivial in nature and ought to have been allowed by the court below. Learned counsel for opposite party could not give any reason why the amendment application should not be allowed.
5. In view thereof, the order dated 03.02.2014 is set aside and amendment application is allowed. Revisionist is permitted to make necessary amendment in his claim petition.
6. With the aforesaid, the revision is allowed.
Order Date :- 29.8.2019 Arti/-
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Title

Saroja Devi @ Saroj Tiwari vs District Judge / Motor Accident ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
29 August, 2019
Judges
  • Vivek Chaudhary