NEW INDIA ASSURANCE CO LTD Vs. VINEETA PAWAR W/O LATE RAJENDRA SINGH PANWAR AND OTHERS
LAWS(UTN)-2013-2-60
HIGH COURT OF UTTARAKHAND
Decided on February 20,2013

NEW INDIA ASSURANCE CO LTD Appellant
VERSUS
Vineeta Pawar W/O Late Rajendra Singh Panwar And Others Respondents

JUDGEMENT

- (1.) Heard Sri M.K. Goyal, Advocate for the revisionist and Sri Sanjay Bhatt Advocate on behalf of respondent Nos. 1 and 4. None has appeared on behalf of other respondents despite service.
(2.) This revision has been preferred against the order dated 30-10- 2012 passed by M.A.C.T./District Judge, Nainital in MACP No. 45 of 2012, Smt. Vineeta Pawar and three others vs. Virendra Singh Pawar and another whereby the application 42-Kha moved by the opposite party/revisionist New India Assurance Company under Order-6 Rule 17 C.P.C. has been dismissed.
(3.) The claimants/respondents have filed claim petition No. 45 of 2010 against Virendra Singh Pawar, and others. New India Assurance Company filed its written statement in the said claim petition. Thereafter the New India Assurance Company moved application for amendment in the W.S. By way of amendment the insurance company wanted to add in the W.S. that in the accident Sentro Car was not involved and Indica Car was involved and this fact came to the notice of insurance company lateron from the report of Investigator. The claimants filed objection against the amendment application and pleaded that the insurance company cannot be allowed to withdraw the admitted facts in the W.S. The learned MACT did not find favour to the revisionist and rejected the amendment application.;


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