IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 22317 of 2008(F) -------------------------- OPMV.1067/01 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... PETITIONER(S): PETITIONER ------------------------- VALAYUDHAN,S/O.KUNKU, AGED 41 YEARS ELLATHUVALAPPIL HOUSE, P.O.KARIKKOTTAKARI,IRITTY, THALASSERY TALUK. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): RESPONDENTS -------------------------- 1. ARAKKAL SUNNY @ FRANCIS, S/O. MATHAI, ANGADIKKADAVU P.O., IRITTY (VIA). THALASSERY. 2. MERCY SUNNY, W/O. SUNNY, ARAKKAL HOUSE, ANGADIKKADAVU P.O., IRITTY (VIA), THALASSERY. 3. UNITED INDIA INSURANCE CO.LTD., THALASSERY. ADV. SRI.JIJI THOMAS FOR R1 & 2 SRI.N.S.MOHAMMED USMAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22317 of 2008 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE DISABILITY CERTIFCATE ISSUED BY THE MEDICAL BOARD EXT.P2- TRUE COPY OF THE FIR IN CRIME NO.40/00 OF ULICKAL POLICE STATION. EXT.P3- TRUE COPY OF THE CLAIM PETITION IN OP (MV).1067/01 ON THE FILE OFHTE TRIBUNAL EXT.P4- TRUE COPY OF THE PETITION IN I.A.4890/06 EXT.P5- TRUE COPY OF THE ORDER DATED 17.11.07 IN I.A.4890/06 OF THE TRIBUNAL (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C).22317/2008 -------------------- Dated this the 15th day of October, 2008 JUDGMENT Petitioner is a claimant in OP(MV).No.1067/2001 on the files of the Additional Motor Accidents Claims Tribunal, Thalassery. He filed an application for amendment of the claim petition which has been rejected under Ext.P5. Same is under challenge in the writ petition. 2. The amendment sought for is related to the incorporation of averments regarding the nature of the aspect and also sought for an incorporation of a prayer seeking enhancement of the compensation. 3. Having gone through Ext.P5 and having heard learned counsel for the petitioner, I am of the view that the amendment sought for by the petitioner, ought to have been allowed by the Tribunal. No prejudice as such will be caused to the respondent if the amendment is allowed W.P.(C).22317/2008 2 4. In the result, Ext.P5 is set aside. I.A.4890/2006 in OP(MV).No.1067/2001 shall stand allowed. Respondents in the petition before the Tribunal shall file an additional affidavit to the amended claim within six weeks from the date on which the matter is posted before the Tribunal. Parties shall appear before the Tribunal on 10.11.2008. V.GIRI, Judge mrcs