UNITED INDIA INSURANCE CO. LTD. v. GANGA SINGH S/O. SOHAN SINGH
2017-09-14
A.S.BOPANNA
body2017
DigiLaw.ai
ORDER : The petitioner is before this Court assailing the order dated 04.10.2016 passed in MVC No.1254/2015. 2. The petitioner herein is the insurer of the vehicle which was involved in the accident. Pending consideration of the petition, the petitioner herein has filed an application under Order 6, Rule 17 of the Civil Procedure Code seeking to amend the written statement. The Tribunal, after taking note of the contention as putforth has rejected the application. It is in that light, the petitioner is before this Court assailing the said order. 3. Having heard the learned counsel for the parties, I have perused the petition papers. A perusal of the order impugned would disclose that the Tribunal has taken note of the manner in which the case had progressed where PWs1 to 3 had been examined on behalf of the petitioner and on behalf of respondent No.1, RW1 has already been examined. It is at that stage, the written statement was sought to be amended by filing the application. 4. It is in that light, the Tribunal being of the opinion that the amendment as sought cannot be permitted at that stage, more particularly in a circumstance when diligence in seeking for such amendment is not established had rejected the request. Such conclusion as reached by the Tribunal to reject the amendment application at that stage is as per the principles of law laid down and therefore, such order would not call for interference. 5. The learned counsel for the petitioner would however submit that, subsequently a memo dated 05.07.2016 was filed seeking that respondent No.1 be directed to produce the Registration Certificate, Fitness Certificate and the Driving License of the driver. The said memo has also not been considered and therefore, the learned counsel for the petitioner seeks that a direction be issued to consider in that regard. Insofar as the summoning of the documents if any, if at all the petitioner has any such right in law, an appropriate application is required to be filed, which would be taken note by the Tribunal and appropriate orders shall be passed in that regard. To that extent, liberty is reserved to the petitioner to make appropriate application and if the same is filed, the Tribunal may take note of the same and consider in accordance with law. In terms of the above, the petition stands disposed of.