IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 43 of 2011 Date of decision: 20.4.2011 New India Assurance Co. Ltd. … Petitioner versus Commissioner under Workmen Compensation Act and others … Respondents CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. Vinod Gupta, Advocate, for the petitioner Mr. B.S.Jaswal, Advocate, for respondents 3 to 7 ... ARVIND KUMAR, J: The present petitioner is one of the respondents in the claim petition filed by the legal representatives of deceased Kulwinder Singh before the learned Commissioner under the Workmen Compensation Act, alleging that he died on account of heart attack in the course of employment. Petitioner filed written statement stating that the claim petition had been filed on the basis of some motor policy under the Motor Vehicles Act and since Kulwinder Singh died due to heart attack, he is not covered under the insurance policy nor is insurance company liable to pay any compensation. Insurance company then filed an application for amendment of the written statement on the ground that now it has been revealed and confirmed that in fact Kulwinder Singh had not died on account of heart attack but he committed suicide. Thus, the cause of death is neither covered under the motor policy or under the Workmen Compensation Act. This necessitates to amend the written statement. The said application has been dismissed vide order dated 1.10.2010. Hence, the present revision petition by the insurance company. C.R. No. 43 of 2011 -2- Heard. The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties. Mere delay is no ground for refusal of prayer for amendment. Amendment is permissible where additional ground of defence has been taken. The impugned order is also non-speaking one. In view of the above, this revision petition is allowed, order under challenge is set aside and the trial Court is directed to permit the petitioner to carry out necessary amendment in its written statement in accordance with the prayer made in the application. However, the order passed is subject to payment of Rs.1000/- as costs, to be paid by the petitioner-insurance company to the opposite side at the time of filing amended written statement. The petition stands disposed of accordingly. April 20, 2011 ( ARVIND KUMAR ) JS JUDGE