Interim Order 2

Order Details: Order on Exh.
Pdf Text: 1/2 MACP No.1551/2022 Exh.18
ORDER BELOW EXH.18 IN MACP No.1551 OF 2022
The counsel for applicant submitted this application
for amendment of the plaint under Order-6 Rule-17 r/w
Order-1 Rule-10 of CPC for addition of opposite party No.2.
The applicant submitted that in the said accident, M/Eco
Car bearing registration No.MH-04-BK-4053 is also
involved. However, the owner of said car inadvertently not
joined as a party in this proceeding. The said car gave dash
to the stationed truck therefore, accident took place.
Therefore, applicant want to add owner of said car as
Opp. Party No.2. The application is supported by an
affidavit. The schedule of the proposed amendment
attached separately.
2. The counsel for insurer submitted reply as no
objection.
3. I have gone thorough the record. In the application
the applicant pleaded said fact. The applicant submitted
this application u/Sec.166 of M. V. Act and claiming
compensation on account of injuries sustained in vehicular
accident. In case of MACP No.1549/2022 the applicant
submitted certified copy of Chargesheet, which is pending
before me (both these cases arising out of same accident).
In that case also applicant submitted such application.
Perusal of the chargesheet, it transpired that there is
substance in the submission of Ld. Counsel for the
applicant. Considering the nature of application and
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2/2 MACP No.1551/2022 Exh.18
considering the pleading of the applicant, I am satisfied
that the owner of Eco Car is necessary party. Hence,
I proceed to pass following order.
ORDER
1. Application is hereby allowed.
2. The applicant is hereby directed to carryout necessary
amendment and submit the amended copy.
3. After submission of amended copy by applicant, issue
notice to Opposite Party No.2.
Dictated and pronounced in open Court.
(A. A. Ghaniwale)
Member, C.R. No.7
Date : 03/10/2025 MACT, Mumbai
GDE
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