Interim Order 3

Order Details: Order on Exh.
Pdf Text: ORDER BELOW EXH.18 IN MACP NO.1049 OF 2023
1. Advocate for the claimant has filed application for
amendment in claim petition under Order 6 Rule 17 of the Code
of Civil Procedure, 1908. Say of claimant is called for. Advocate
for respondent has given say on the application itself, resisting it.
2. It is the contention of Advocate for the claimant that
on 18/11/2018 when the accident occurred the policy
no.3003/JM-100134967/00/000 issued by ICICI Lombard
General Insurance Co. Ltd. was in force. They have prayed for
amendment in the claim petition. Per contra, it is contention of
advocate for the respondent that necessary orders may be
passed.
3. Perused record. Policy no.3003/JM-
100134967/00/000 is for the period 18/10/2018 to
17/10/2019. Thus, on the date of accident i.e., 18/11/2018 said
policy was in force. No harm or prejudice would be caused to the
respondent, if the amendment is allowed. It would not change
the nature of the claim petition and relief claimed. Accordingly,
the amendment can be allowed. Hence, the order-
ORDER
(i) The application is allowed.
(ii)Claimant to carry out the amendment in the claim
petition within 14 days and produce amended copy.
(Dr. Gauri Kawdikar)
Date: 11/11 /2025 Member, CR No.4,
Place : Mumbai MACT, Mumbai
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