IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 51 of 2010. Decided on : July 27, 2010. National Insurance Co. …Petitioner. Versus Fulma Devi & others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Jagdish Thakur, Advocate. For respondents 1 to 4 Mr. H.C.Sharma,Advocate. For respondent No. 6 Mr. N.S.Shandil, Advocate. Surjit Singh, J. (Oral) Petitioner is aggrieved by order dated 5.12.2009, of Motor Accident Claims Tribunal (II), Shimla, by which respondents-claimants have been permitted to amend their claim petition and also to substitute one of the respondents. Petition was filed by the dependents of late Rajinder, on the allegations that said Rajinder was the manager of one Sagar, and that he had carried goods of said Sagar in a truck of one Manoj Kumar to Subzi Mandi, Dhalli, and when the truck was returning, it met with an accident and said Rajinder died. 2. An application was moved for amending the petition earlier also. Amendment, that was sought, was to the effect that deceased Rajinder was travelling by the truck 1 Whether reporters of Local Papers may be allowed to see the Judgment? - 2 - as a labourer, engaged by Manoj Kumar, owner-cum-driver of the truck. That application was dismissed as withdrawn, vide order dated 10.7.2008, copy Annexure P-6. Thereafter, when the matter was at arguments stage, another application was moved under Order 1 Rule 10 and Order 6 Rule 17, read with Section 151 CPC. It was stated that father of deceased owner of vehicle, Krishan Lal, impleaded as respondent, had died and in his place, deceased‘s mother Shanti Devi, be permitted to be impleaded as respondent. Also, it was stated that deceased Rajinder was travelling by truck as a labourer, engaged by Manoj Kumar. So, amendment was sought to incorporate the aforesaid plea. That application has been allowed. 3. Petitioner-Insurance Company is aggrieved by the order, to the extent it allows incorporation of the plea by way of amendment, to the effect that deceased Rajinder was travelling as labourer, engaged by owner of the truck, that is, Manoj Kumar. 4. I have heard counsel for the parties and gone through the record. 5. Plea, now allowed to be incorporated by way of amendment, was sought to be incorporated earlier also, but that application was dismissed, as withdrawn, vide order dated 10.7.2008, Annexure P-6. So, subsequent prayer for incorporating the same plea, could not have been allowed. Therefore, present petition is allowed and impugned order is - 3 - partly set aside, to the extent it allows amendment in the petition. July 27, 2010 (PC). (Surjit Singh), J.