\0 t^.;":-' 0Ji IN THE^HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) No. 2-S^ Of 2007 PETITIONER :<Abhishek Singh @ Abhishek Gautam NON-APPLICANT S/o Shri S.S. Rajput , aged about N0.1 33 years, by caste Kshatriya, resident of Vidhya Up Nagar , Bilaspur, Tahsil ,^<and District Bilaspur (CG). \o^.?:-^^ •••-^...?i^^^> '^•ys^ y""' VERSUS RESPONDENTS APPLICANTS 1-5 ^.Sint. Vimla aged about 33 years Wd/o Late Shri Lakhan Lal. ,2.Pradeep Kuinar aged about 16 years S/o Late Shri Lakhan Lal. ^.Sunita , aged about 14 years, D/o Late Shri Lakhan Lal. 4-Geeta ,aged about 12 years,D/o Late Shri Lakhan Lal. ^Ainit ,aged about 10 years, S/o Late Shri LaKhan Lal. Sl.No. 2 to 5 ininors, fhrough natural guardian inother Snat. Viinla Wd/o Lakhan Lal) (AU by caste Yadav, resident of Khokhsa, Tehsil and Police Station Janjgir , District Janjgir Chainpa (CG). (APPLICANTS 1 TO 5 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL) '6. Keshav Singh , aged about 23 years, S/o Gajraj Singh, by caste Gond, resident of ViUage Bakeli, Tahsil and District Umariya , Police Station Pali (MP). O) (NON-APPLICANT N0.1 BEF08E THE MOTOR ACCIDENT CLAIMS TRIBUNAL) -7. Oriental Insurance Company Limited, through its Branch Manager, Korba, T.P.Nagar, District Korba (CG). (NON-APPLICANT N0.3 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL) WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA KE6H COURT OF CHHATTI^ARH ATBILASPUR W^. Cc) No. 236 of 2007 Petitioner Abhishek Singh © Abhishek Sautam - Versus- ftespondents Smt. Vimia cnd others Singie Bench: Hon'ble Mr. Justice Satish K. Agnihotri. Siri Vimlesh Bajpai, Advoaite for the Petitior»r. {. 2. OR&ER (Passed on this 15th day of February, 2007) Learned counsel appearing for -t+ie petitioner submits -that the petitioner has fiteet on iipplication for impkading the ICICT Lombard ©eneralZnsuronce Co. Limited, Bombay as the vehicfe involved in the accident was insured wi-t+i the said company. On perusal of the popers. it appears that the petitioner submitted before the Court to give sometime. so that the typogmphical error crept in •Ae insurance paper woutd be corrected. 3. Tne Additiona' Motor Accident Ctaims Tribunal, Jwijgir without granting the time, passed the impugned order, rejecting the applics+ion filed by the petitioner under Order 1 Rule 10 read with Section 151 of C.P.C. 4, TTie Court ought not to haye decided in such hurry when the request for correction of the docuraent was made. If on corr'ection, it is found that ttie vehide wos insured with the cL^:a^'T'L~Vir^-r?:'rir'-'*^;i Ji<t*tA-'pti<trt:'t?»fi ^tort^ •^ Bablu said company, it would be diffscuSt for the owner to recover the amount from the insuronce compnny. In visw of the dismissat of tiie opplication, the order dated 11.12.2006 (Anneuxre P/7), passed by the Additional Motor Accident CIaims Tribunai, Janjgir in MACT Case No. 75/06 is quashed. The application is remitted back to tiie Additiona! Motor Accident Clainns Tribunal, Jcmjgir for consideration on merit after giving sufficient opportunity to tiie petitioner to roake necessary typographical correction in the document. 6. The writ petition is aceor Sd/- ^gnihotn Judge