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Anand Kumar Jain v. Union Of India And Another

Anand Kumar Jain v. Union Of India And Another

(Supreme Court Of India)

Civil Appeal No. 3135 Of 1985 | 29-07-1985

1. The Judgment was delivered by :

Leave granted.

2. This is a fit case in which the amendment prayed for by the appellant should have been allowed. The appellant merely wanted enhancement of the original claim of Rs. 40, 000/- to Rs. 3 lakhs on the ground that permanent disability to the extent of 50% was discovered after he had filed his original claim. There is no. reason why this amendment should not be granted. We therefore, allow the appeal, set aside the order passed by the High Court as also the order passed by the Motor Accident Claims Tribunal and allow the application of the appellant to amend the claim petition, as prayed for by him. The amendment will be carried out by the appellant within 6 weeks from the date of receipt of the copy of this order by the Motor Accident Claims Tribunal. The respondents will file their supplementary written statement, if any, within 2 weeks from the date when the amendment is carried out. There will be no. order as to costs.

3. Appeal allowed.

Advocate List
  • For
Bench
  • HON'BLE JUSTICE P. N. BHAGWATI (CJI)
  • HON'BLE JUSTICE A. N. SEN
Eq Citations
  • 1986 ACJ 774
  • AIR 1986 SC 1125
  • LQ/SC/1985/236
Head Note

A. Constitution of India — Art. 136 — Interference in exercise of power under — When justified — Mere enhancement of claim — Held, is not a fit case for interference under Art. 136 — Motor Vehicles Act, 1988, Ss. 173 and 168