Application to amendment the petition
jatin sharma
(Querist) 25 August 2013
This query is : Resolved
hi,
the petitioner file a petition in MACT tribunal for death claim of his wife.
I am defending the insurer company in this case.the vehicle NO. which is mention in the FIR of accident case and in above said petition is not match with the insurance certificate which is submitted by the party.
after that i move the application to striking out the name of respondent. but without giving reply of my application the petitioner move another application to amendment the petition and stated that the vehicle no is wrongly and mistakenly mention in the fir. he also stated that the correct vehicle no which is match with the insurance policy is mention in chargsheet and other document.
my Q is if learned judge allow the amendment application then the nature of the case will be change so what i do now
thanks
Anirudh
(Expert) 26 August 2013
The mistake is apparent. The FIR mentions the correct vehicle number. Therefore, if the amendment is allowed, it cannot be said that the nature of the case gets changed.
Rajendra K Goyal
(Expert) 26 August 2013
Agree with the expert Anirudh ji, nothing more to add.
Raj Kumar Makkad
(Expert) 27 August 2013
Amendment if done, shall not change the nature of the issue.