WRIT PETITION [Cl NO. H Z2 [2007 PETITI ged about 48 ana ~ Mungeh', \ ONER / Ramrakshit Singh S/o Bhusan Singh, a years, R/o Dhapai, Th Distt. Bilaspur (C.G.) VERSUS M/s. M.P. Roadways, ce Row Bhatapara, /l. Block Offi Tehsil Bhatapara, Distt. Raipur (C.G.) “Radheshyam Bus” /2. Rajkumar ‘Vaishnav S/o Aarti Das, R Mungeli, Tehsil Bilaspur (C.G.) “Driver of Radheshyam Bus” I 3. The New India Insurance Co. Ltd. /o Sindhi Colony Mungeli, Distt. Branch Baloda Bazar As per cause title. XI—HC—78 ® WW,WH11E,W W f (a) 1575.o..o. an; 200';— Wm<t§w> WWW WWW Wnma‘ffffgérm matwm égmm 5.2.2007 Shri Vimiesh Bajpai, iearred counsel for the petitioner. This petition is directed against the order dated 5.122006 of Annexure P/5 whereby the epptication of the petitioner/claimant for amending hi5 claim petition has been rejected. From the application of Annexure P/3 it appears that the petitioner sought amendment in the ciairm petition to incorporate pleadings with respect to the injuries sustained by him in the accident and also to incorporate subsequent line o treatment administered to him by his surgeon. He has also sought mendment to incorporate a pleading with regard to the extent of disability suffered by him as a result of the accident and the loss of his earning capa ity. By the impugned ordert e claims Tribunal has rejected the above application on the ground that the petitioner has not filed any medical certificate of the doctor regardi g permanent disabiiity and further on the ground that in case the p titioner has incurred any expenditure subsequent to fiiing of this peti ion, the same can be awarded on filing of certificate. l have heard learned co nsel for the petitioner. ///. @ XI—HC—78 m m , m , m WTm Jixxi {jzi)’N‘0~ ; O [0% o o In 2009 WW(W) WEHW ‘ mwa'wm (WWW matwm éaww The arder impugned cannot be sustained for the reasons that the applicaticn for amendment in the claim petition was filed at the initial stage of the proceedings when the matter was fixed for recording of evidence of it the claimant. The facts sought to be incorporated by way of amendment are related to the injuries sustained by the claimant in the accident and the treatment undergone by him as also with respect to the extent of disability suffered by him. lf the claima is permitted to incorporate those facts in his claim petition, no prejudice i likely to cause to the respondent as they may rebut the averments by filin an additional reply to the claim petition. « For the aforesaid reasons, the instant petition is allowed, order impugned is set aside. Consequentiy, the application of the claimant for amendment is allowed. The respondents, if aggrieved, may file r appropriate proceedings availahie under the law. (”U Sdl- Dhirendra Mishra Judge par, P.T.O‘ K