IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 39114 of 2003(F) --------------------------------------- PETITIONER: ------------------ AMMINI, AGED 53 YEARS, W/O. PAPPACHAN, THUNDIL VADAKKATHIL, KANANAKUZHY, THAMARAKULAM VILLAGE. BY ADV. SRI.K.SASIKUMAR RESPONDENTS: ------------------------ 1. VIJAYAN RAJAN, PULITHITTA PADEETTATHIL, PRAYAR NORTH, OACHIRA. 2. SASIDHARAN PILLAI, KANDATHIL VEEDU, KATTIL KADAVU P.O., KARUNAGAPPALLY. 3. BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD., KAYAMKULAM. *ADDL. RESPONDENTS 4 TO 56 ARE IMPLEADED. 4. SAJI PAPPACHAN, AGED 34, S/O. PAPPACHAN, THUNDIL VADAKKETHIL HOUSE,K KANNANAKUZHY THAMARAKULAM VILLAGE. 5. SUJA BABU, AGED 29 DAUGHTER OF PAPPACHAN THUNDIL VADAKKETHIL HOUSE, KANNANAKUZHY, THAMARAKULAM VILLAGE. 6. JAYA BINU, AGED 27, DAUGHTER OF PAPPACHAN THUNDIL VADAKKATHIL HOUSE, KANNANAKUZHY, THAMARAKULAM VILLAGE ADDL. R4 TO R6 ARE IMPLEADED AS PER ORDER DT. 1.10.2004 IN IA. 13173/2004. ADV. SRI.ANCHAL C.VIJAYAN FOR R3 SMT.SHANCY BABY FOR ADDL.R4 TO 6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 39114/2003 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE CLAIM PETITION IN OP.(MV) 123/95 OF THE ADDITIONAL MOTOR ACCIDENTS CLAIM TRIBUNAL, MAVELIKARA. EXT.P2:- COPY OF THE AFFIDAVIT FILED BY THE PETITIONER IN IA.1870/02 IN THE OP (MV) 123/95 BEFORE THE ADDITIONAL MACT, MAVELIKARA. EXT.P3:- COPY OF THE PETITION DT. 16.9.02 FOR AMENDMENT IA. 1870/02 IN OP(MV) BEFORE THE ADDITIONAL MACT, MAVELIKARA. ET.P4:- COPY OF THE LIST OF DOCUMENTS DT. 16.9.02 SHOWING SUBMISSION OF DOCUMENTS BEFORE THE ADDITIONAL. MACT COURT OP(MV) 123/95 BEFORE THE ADDITIONAL MACT, MAVELIKARA. EXT.P5:- COPY OF THE ORDER DT. 4.3.03 IN IA. 1870/02 IN OP.(MV) NO.123/95. RESPONDENT'S EXHIBITS EXT.R3(a):- COPY OF THE OBJECTION FILED BY THE 3RD RESPONDENT FOR EXT.P3. DT. NIL. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.39114 OF 2003 --------------------------------------- Dated this the 5th day of September, 2008. J U D G M E N T Exhibit P5 order passed by the Additional Motor Accidents Claims Tribunal, Mavelikara in I.A.No.1870/2002 in O.P.(M.V) No.123/1995 is under challenge. As per the said application, the petitioners sought to amend the claim producing additional materials and for incorporating consequential prayers. The same was rejected by a cryptic order stating that the reasons stated for enhancing the amount are not sufficient and that postmortem certificate of the injured is not produced. Still further it is stated that no evidence has been produced to substantiate the contentions. 2. The very contention of the petitioner is that in view of the death of the injured, petitioner is entitled to make ancillary claims for the intervening period of treatment of the injury. The contention of the learned counsel for the Insurance Company is that there is no evidence as to the cause of death. It is also not clear as to whether the accident was the cause of death. These are all matters for the Tribunal to consider at the time of trial and W.P.(C) No.39114/03 2 not at the stage of considering the amendment. Evidence is required at the time of trial and not at the time of considering the amendment application. The amendment is not for enhancement per se. Whether the enhancement is permissible in view of the averments in the petition pertaining to the intervening developments is a matter to be considered by the Tribunal at the time of trial and not at the time of amendment. The amendment by itself will not cause any prejudice to the respondents also since it is open to the respondents to take all the available contentions at the time of trial. In that view of the matter, Exhibit P5 order is set aside and I.A.No.1870/2002 is allowed. Petitioner will produce the amended memorandum of the original petition before the Tribunal within a period of two months from today and thereafter, the Tribunal shall dispose of the matter in accordance with law, expeditiously. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.39114/03 3 KURIAN JOSEPH, J. W.P.(C) No. 39114 OF 2003 J U D G M E N T 05.09.2008