Smt Subala Das v. Mrs Gitanjali Kumar and 2 Ors

ORDER Date : 04-04-2024 Heard Mr. B.K. Jain, learned counsel appearing for the applicant. I have also heard Ms. L. Sarma, learned counsel for the opposite party Insurance Company. This is an application under Order VI Rule 17 of Code of Civil Procedure, 1908 along with section 151 and section 153 of the said Code for granting leave to amend the pleadings. The petitioner filed an application claiming compensation under section 163A of the M.V. Act, 1988 before the learned Tribunal but the Page No.# 3/3 learned Tribunal considered the application as an application under section 166 of the M.V. Act 1988, and disposed of the matter accordingly. Therefore, the petitioner prays that the heading of the claim petition requires to be amended because in the heading, it was mentioned that it was an application under section 163A of the M.V. Act 1988 due to typographical error. In support of his submission Mr. Jain relied upon a decision of this Court that was delivered in Sandha Debi Thapa –Vs-Anjali Debi Thapa and Ors.

I have also considered the submissions made by the learned counsel of both sides. The prayer for amendment of the pleading is allowed. Hence, for the claim petition shall be considered to an application under section 166A of the M.V. Act 1988. Amendment may be done in the claim petition by the office. Accordingly, the I.A. stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010266242018 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4132/2018 SMTI. SUBALA DAS W/O- LATE LOHIT CHANDRA DAS R/O- RANGAMATI, HUZURIPARA, P.S.- PALASHBARI, PIN- 781128 VERSUS THE NATONAL INSURANCE CO. LTD. MALIGAON BRANCH, MALIGAON, GUWAHATI- 781012, DIST.- KAMRUP (M), ASSAM Advocate for the Petitioner : MS. M DASGUPTA Advocate for the Respondent : MR. B J MUKHERJEE Linked Case : I.A.(Civil)/1064/2024 SMT SUBALA DAS W/O LOHIT CH. DAS R/O RANGAMATI HUZURIPARA P.S. PALASHBARI PIN 781128 VERSUS Page No.# 2/3 MRS GITANJALI KUMAR and 2 ORS W/O SRI AMULYA KUMAR P.O. PALASHBARI WARD NO. 9 P.S. PALASHBARI 781128 2:SRI RAMESH BORDOLOI S/O- LATE DHARMESHWAR BORDOLOI R/O- PUB- MUZIRGAON P.S. AZARA DIST.- KAMRUP ASSAM PIN- 781017. 3:THE NATIONAL INSURANCE CO. LTD. MALIGAON BRANCH MALIGAON GUWAHATI 781012 POLICY NUMBER 200800/31/04/63/04104 ------------ Advocate for : MR. B K JAIN Advocate for : MR S S SHARMA appearing for MRS GITANJALI KUMAR and 2 ORS BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA