1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Amk WRIT PETITION NO. 10109 OF 2009 Aarti Vasant Wadekar & Ors. .. Petitioners Vs. Devendra K. Vartak & Ors. .. Respondents Mr. A. M. Gokhale i/b Mr. M. B. Kotak for the Petitioner. Mrs. Neha Bhide AGP for Respondent No.3. CORAM : MRS. R. S. DALVI, J. Date : 25th February, 2010. P.C. 1. Rule. Rule is made returnable forthwith. 2. This writ petition challenges the order refusing amendment of the claim application. The impugned order has been considered at the time of grant of the interim relief on 12.01.2010. The amendment is required merely for correcting wrong number of the policy in the petitioners’ application in the Motor Accident Claim Tribunal (MACT). This error came to be made because of number of policies are issued by respondent No.1 who is a travel agency. The amendment was rejected. Thereafter stay of further proceeding was granted. The petitioner has served 2 respondent No.1 as well as Insurance Company respondent No.2. Affidavit of service is taken on record. 3. Since the respondents No.1 and 2 appeared despite service and since the main application is required to be heard and disposed of by the MACT to determine the extent of the liability of respondent Nos.1 & 2 in the claim of the petitioner, the writ petition is allowed as prayed. The learned Member, MACT shall allow the amendment required by petitioners in the Claim Application Nos. 333 of 2004, 334 of 2004 and 335 of 2004 which relates to the same accident. The writ petition is allowed and rule is made absolute accordingly. The learned Member shall proceed with the main application after the amendments are carried out. (R. S. DALVI, J.)