HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. (2271 No. 5506 Of 2011 PBTITIONBR Res. No. 3 RESPONDENTS VERSUS 1) 2) MANAGER, ORIENTAL INSURANCE COMPANY, ITWARI BAZAR, RAIQARH (C.G.). SUNIL KUMAR AGNIHOTRI ALIAS BANTI, S/0 RAMPRAKASH AGNIHOTRI, AGE 31 YEARS, R/0 SUBHASH NAGAR, KOTARA ROAD, RAIGARH, TAHSIL AND DISTRICT RAIGARH (C.G.). IBRAHIM CHIKWA, S/0 JAGNNATH CHIKWA, AGED ABOUT 24 YEARS, AT PRESENT R/0 JORAPALI, THANA KOTARA ROAD, PERMANENT R/0 VILLAGE JHARMUDA, THANA PARSA BAHAR, DISTRICT JASHPUR (C.G.). JAGDAMBA ENTERPRISES, THROUGH AMIT AGRAWAL, S/0 BALMUKUND AGRAWAL, R/0 SATTIGUDI CHOWK, RAIGARH (C.G.). WRIT PETITION UNDER ARTICLB 227 OP THE CONSTITUTION OF INDIA. (SB :Hon'ble Mr. T.P.SKharma, J.) Present:- Shri Sudhir Agrawal, Advocate for the petitioner. Respondents not noticed. ORDER 3) 1. (Passedon 19/09/2011) By this petition under Ardcle 227 of thc Constitution of India petiUoner has chaUei^ed the legaUty aad propriely of the order dated 10/8/2011 passed by l*t Additional Motor Accident Clainis Tribunal, Raigarh (C.G.) (iu short 'the Tribunal') m Claua Case No. 14/2011 whereby appUcation for aiaendiuent in fhe pleadiug fhat vehicle was not iusured filed by petitioner/ Insurance Coinpany has been disnussed. 2. Shri Sudhir Agrawal, Advocate for the petitioner is heard. 3. Order impugaed, copy of the iusurance, copy of fhe order, copy of fhe claim. petition aad replies perused. <-^^'J '" -^^-. ^,"^ '^ Aa 6, Leamed counsel for fhe petitioner submits that at the tune of accident previous insurance contract was not in existence aad thereafter accident again vehicle was iasiired these iaformation was hidden by claimants therefore at the iaitial stage present petitioner has committed boiiafide mistake. Lcamed counsel for the petitioner further subnAs that aBeged aniendnient would be decidiug factor of liabilily of fhe petitioner fherefore ia fhe uiterest of justice aforesaid amendiaent would be necessaiy. On due consideration aUeged amendiaent is dtrectiy related to fhe Itabilily of fhe petitioner aad considering fhe nced issuance of notice to opposite party woiild oiily be futfle exeicise. Consequenfly, petition is atlowed. Order impugned relating to dismissal of amendinent application is hereby set-aside aad petitioner is pemutted to amend tus pleading. No order as to costs. I.A. No. 01 steads disposed of. Sd/- T.P. Sharni, Judge -^2--