IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.155 of 2006 Date of decision : June 19, 2010 New India Assurance Co. …Petitioner. Versus Bhoga Devi and others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. K.D. Sood, Advocate. For the Respondents : Mr. Raj Kumar Negi, Advocate. Surjit Singh, J (Oral) Heard and gone through the record. 2. Present petition is directed against the order dated 22nd May, 2006 of Motor Accident Claims Tribunal, whereby petitioner’s application for amendment of written reply has been rejected, on technical ground that the same is not in consonance with the manner of indicating the amendments sought to be made. Learned Tribunal has taken the view that the amendments, as per requirement of Order 6 Rule 17 of the Code of Civil Procedure, are required to be shown, separately, but in the instant case the same have been indicated in the form of relevant paragraph of the reply, as they would read after amendment. Another reason for dismissal of the application is that the necessity to amend the application has also not been pleaded. Whether reporters of the local papers may be allowed to see the judgment? …2… 3. Only on account of some technical error in the application, the Tribunal ought not to have dismissed it. Opportunity should have been afforded to the petitioner to make changes in the application, so as to bring it in line with the technical requirements of the Rule. Consequently, the present petition is allowed, impugned order is set aside and it is ordered that the petitioner shall be afforded an opportunity to bring the application for amendment in line with the technical requirement of Order 6 Rule 17 of the Code of Civil Procedure and thereafter it shall be disposed of on merits. 4. Parties are directed to appear before the Motor Accident Claims Tribunal on 8th July, 2010. Petition stands disposed of. Pending application(s), if any, also stand disposed of, as having become infructuous. June 19, 2010(sd) ( Surjit Singh ), J