Rajesh Kumar vs Sudesh Kaur And Ors

CR-7414-2024 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
132-1 CR-7414-2024 (O&M)
Date of decision: 28.10.2026
Rajesh Kumar ....Petitioner
Vs.
Sudesh Kaur and others ....Respondents
CORAM : HON’BLE MR. JUSTICE HARSH BUNGER
Present: Mr. Munish Behl, Advocate
for the petitioner.
Ms. Sushma Verma Syal, Advocate
for respondents No.1 and 2.
*
HARSH BUNGER J.
The present civil revision petition has been filed, under Article
227 of the Constitution of India, seeking setting aside of the order dated
19.10.2024 (Annexure P-9) passed by the learned Motor Accident Claims
Tribunal, Ambala (in short, 'the Tribunal'), whereby an application under
Order 6 Rule 17 read with Section 151 CPC (Annexure P-8), filed by the
claimants (respondents No. 1 and 2 herein), for amendment of the claim
petition has been allowed.
2. Briefly, respondents No. 1 and 2 herein/claimants filed a claim
petition (MACP No. 40 of 2018) under Section 166 of the Motor Vehicles
Act, 1988 (in short, 'the 1988 Act'), seeking compensation on account of
ANKIT
2026.11.05 16:47
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integrity of this order/judgment.
High Court, Chandigarh

CR-7414-2024 (O&M) -2-
death of their son Makhan Kumar in a motor vehicular accident on
23.11.2017.
2.1 A perusal of the claim petition (Annexure P-1) would show that
in column No. 10 thereof, it was specifically mentioned that the
deceased-Makhan Kumar was driver of motorcycle bearing registration No.
PB-11CG-1871 and in column No. 14, the details of the vehicles involved in
the accident are mentioned as under:
“Tata Indica Car no.HR36-M-6209 (Offending car) and Motor
cycle bearing No.PB-11CG-1871”
2.2 Even in column No. 20, the detail of the motorcycle is
mentioned as motorcycle bearing No. PB-11CG-1871. Still further, in
column No. 9 of the claim petition, reference has been made to case FIR
No. 416 dated 24.11.2017 registered under Sections 279, 304-A IPC
registered at Police Station Baldev Nagar.
2.3 A perusal of the claim petition (Annexure P-1) would further
show that in column No. 24 thereof, the following averment has been made:
“ 24) Cause of accident, with brief description:
That on 23-11-2017, the claimant no.2 and the
deceased-Makhan Kumar were going from Parshuram Chowk,
Naraingarh to their house on motor cycle bearing
no.HR04-D-6248. The claimant no.2 Amrit Lal (father of the
deceased) was driving the motor cycle bearing
no.HR04-D-6248 while the deceased-Makhan Kumar was
pillon rider on the said motor cycle. The claimant no.2 Amrit
Lal was driving the motor cycle no.HR04D-6248 in a moderate
speed by observing the traffic rules and when at about
09:10A.M. they reached near General Hospital, Naraingarh,
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2026.11.05 16:47
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CR-7414-2024 (O&M) -3-
(Ambala) Police Station Naraingarh, then one motor cycle
no.HR04D-0645 which was being driven by the respondent
no.1 in a rash and negligent manner came from the side of
General Hospital Naraingarh i.e. opposite site came and struck
his motor cycle no.HR04D-0645 in the motor cycle of the
deceased and due to that impact the deceased-Makhan Kumar
and the claimant no.2-Amrit Lal fell down on the road from
motor cycle no.HR04D-6248 and the deceased-Makhan Kumar
suffered grevious injuries on his body i.e. on head, nose, mouth,
ear etc.. The respondent no.1 ran away from the spot after
leaving his motor cycle bearing no.HR04D-0645. Thereafter,
the deceased-Makhan Kumar was taken to the General
hospital, Naraingarh, but as the condition of Makhan Kumar
was very serious, so doctors of General Hospital, Naraingarh
referred him to P.G.I., Chandigarh. Thereafter, on the same day,
he was taken to PGI, Chandigarh, where treatment of the
deceased-Makhan Kumar was started, but deceased-Makhan
Kumar died at P.G.I., Chandigarh on 22-12-2017 due to the
injuries caused in the accident. The FIR No.416 dated 24-11-
2017, U/S 279, 304-A IPC, PS Baldev Nagar was registered on
the statement of claimant no.2. The postmortem of the
deceased-Makhan Kumar was conducted at GMCH, Sector-32,
Chandigarh on 24-11-2017.
xxx xxx xxx”
2.4 In the aforesaid claim petition (Annexure P-1), the present
petitioner (Rajesh Kumar) has been impleaded as respondent No. 2, being
owner of Tata Indica car bearing No. HR36-M-6209.
3. The present petitioner appeared in the aforesaid claim petition
and filed his written statement, inter alia , stating that he had already sold the
vehicle in question to Sh. Amit Kumar son of Sh. Karan Singh, resident of
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CR-7414-2024 (O&M) -4-
VPO Jathlana, District Yamunanagar on 05.06.2013, and that he had handed
over the affidavit for transfer of the car in question in the name of Amit
Kumar along with Form Nos. 29 and 30, and has also handed over the ‘No
Objection Certificate’ dated 03.10.2013 issued in the name of
RTO, Jagadhri by SDM-cum-Registering Authority (MV), Rewari. It was
further stated that he had handed over the car in question to Amit Kumar and
when he learnt that Amit Kumar has not got the car transferred in his name,
he got issued a legal notice dated 09.01.2018 through his counsel and further
reported the matter to the Police Post, Sector 3, Model Town, Rewari on
10.01.2018. It was maintained that he has no concern with the car in
question since 05.06.2013.
4. Even the driver of the car bearing No. HR36-M-6209 namely
Varun Sehdev, filed his separate written statement, inter alia , claiming that
no accident ever took place with the car bearing No. HR36-M-6209 as
alleged by the claimants.
5. It further transpires that an application being filed by the
present petitioner for impleading Amit Kumar as a party to the claim petition
was allowed by the learned Tribunal vide order dated 25.10.2018
(Annexure P-5) and Amit Kumar was impleaded as party “respondent No. 3”
in the claim petition.
6. It appears that during the pendency of proceedings before the
learned Tribunal, the respondents No. 1 and 2 herein/claimants filed an
application under Order 6 Rule 17 read with Section 151 CPC, seeking
amendment of para/column No. 24 of the claim petition by asserting that the
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High Court, Chandigarh

CR-7414-2024 (O&M) -5-
contents of para No. 15 of the claim petition and para/column No. 24 of the
claim petition are totally different from the actual facts of the claim petition
due to typographical mistake.
7. For the sake of reference, the unamended para 24 of the claim
petition and the amended para 24 of the claim petition are juxtaposed as
under:
Unamended Para 24 Amended Para 24
That on 23-11-2017, the claimant
no.2 and the deceased-Makhan
Kumar were going from
Parshuram Chowk, Naraingarh
to their house on motor cycle
bearing no.HR04-D-6248.
The claimant no.2 Amrit Lal
(father of the deceased) was
driving the motor cycle bearing
no.HR04-D-6248 while the
deceased-Makhan Kumar was
pillon rider on the said motor
cycle. The claimant no.2 Amrit
Lal was driving the motor cycle
no.HR04D-6248 in a moderate
speed by observing the traffic
rules and when at about
09:10A.M. they reached near
General Hospital, Naraingarh,
(Ambala) Police Station
Naraingarh, then one motor cycle
no.HR04D-0645 which was being
driven by the respondent no.1 in
a rash and negligent manner
came from the side of General
Hospital Naraingarh i.e. opposite
site came and struck his motor
cycle no.HR04D-0645 in the
motor cycle of the deceased and
due to that impact the deceased-
Makhan Kumar and the claimant
no.2-Amrit Lal fell down on the
road from motor cycle
That on 23-11-2017, the elder
son of the claimants
deceased-Makhan Kumar was
going from his house at village
Jamitgarh to Baldev Nagar,
Ambala City on Motor Cycle
no. PB-11CG-1871@ Splendor
Plus for his personal work. At
about 5:00 p.m, one Gaurav
informed the claimant no.2
that his son Makhan Kumar
met with road accident near
Vita Milk Plant, Baldev Nagar,
who fell down on road
alongwith his motorcycle and
we took him to Civil Hospital,
Ambala City for treatment. At
this claimant no.2 alongwith
his cousin Rajesh Kumar son
of Baru Ram went to the Civil
Hospital, Ambala City; where
doctor disclosed us that
Makhan Kumar has referred to
PGI, 32 Chandigarh for
further treatment and when we
reached at GMCH, Sector-32,
Chandigarh then claimant no.2
see that Makhan Kumar was
under treatment but at about
09:00 p.m, doctor declared
Makhan Kumar dead. The
claimant no.2 later on came to
know that the accident was
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2026.11.05 16:47
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High Court, Chandigarh

CR-7414-2024 (O&M) -6-
no.HR04D-6248 and the
deceased-Makhan Kumar
suffered grevious injuries on his
body i.e. on head, nose, mouth,
ear etc.. The respondent no.1 ran
away from the spot after leaving
his motor cycle bearing
no.HR04D-0645. Thereafter, the
deceased-Makhan Kumar was
taken to the General hospital,
Naraingarh, but as the condition
of Makhan Kumar was very
serious, so doctors of General
Hospital, Naraingarh referred
him to P.G.I., Chandigarh.
Thereafter, on the same day, he
was taken to PGI, Chandigarh,
where treatment of the deceased-
Makhan Kumar was started, but
deceased-Makhan Kumar died at
P.G.I., Chandigarh on 22-12-
2017 due to the injuries caused in
the accident.
caused by rash and negligent
driving of respondent no.1 i.e.
driver of Indica car bearing
no. HR36M-6209; who hit the
motor cycle no. PB11CG-1871
of Makhan Kumar with his
Indica car. Due to the injuries
suffered in this accident
Makhan Kumar had died in
GMCH, Sec-32, Chandigarh
during his treatment’
8. The learned Tribunal, upon consideration of the matter, allowed
the aforesaid amendment application filed by the respondents No. 1 and 2
herein/claimants vide impugned order dated 19.10.2024 (Annexure P-9).
10. Feeling dissatisfied, the petitioner has filed the present revision
petition before this Court.
11. I have heard learned counsel for the respective parties and
perused the paperbook with their able assistance.
12. The aforementioned facts are not disputed before this Court.
13. Apparently, the respondents No. 1 and 2/claimants filed a claim
petition under Section 166 of the 1988 Act, seeking compensation on
account of death of their son Makhan Kumar, in a roadside accident on
23.11.2017. In the claim petition, the claimants have specifically mentioned
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High Court, Chandigarh

CR-7414-2024 (O&M) -7-
that the deceased-Makhan Kumar was on his motorcycle bearing registration
No. PB-11-CG-1871, and the details of the offending car have been
mentioned as Indica car bearing No. HR36-M-6209. The claim petition
(Annexure P-1) was filed in January, 2018.
14. The claimants have filed an application (CM-3591-CII-2026) in
the present civil revision petition, seeking recalling of the order dated
19.12.2024 (Annexure A-6) passed by this Court in the present revision
petition. Along with the said application, the claimants have produced a
translated copy of the FIR dated 24.11.2017 as Annexure A-1, the relevant
extract of which reads as under:
“Brief facts of the case are that on 23.11.2017, one
information was received from Police Station Civil Hospital,
Ambala City, that one unknown person RSA, Near Vita milk
Plant has been referred to PGI, Chandigarh vide CR
No.6359290 on account of serious injuries which Head
Constable Gurmail Singh received through Ruqa and MLR
No.MY/301/AMB/2017 dated 23.11.2017, unknown. In which
doctor showed 4 injuries, the injury no.1, 2 & 3 were shown to
be NCCTHEAD Surgeon Opinion, Blunt and injury no.4 ADV
X-Ray was written, which were recorded later in the record. It
was around 11:30 an information was received from GMCH
Sector 32, Chandigarh in police station that one Makhan
Kumar son of Sukhdas Ram resident of Village Jamitgarh,
Police Station Ghanaur, District Patiala aged about 34 years
who was admitted vide a CR No. 171115978, has expire due to
the injuries suffered in road accident in Ruqa report was
recorded on which Sukhdas Ram son of Kartara Ram caste
Ramdasia resident of Village Jamitgarh, Police Station
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CR-7414-2024 (O&M) -8-
Ghanaur, District Patiala got recorded his statement after
reaching the Police Station Ghanaur, District Patiala, the
statement is as under: Statement of Sukhdas Ram son of
Kartara Ram caste Ramdasia resident of village Jamitgarh,
Police Station Ghanaur, District Patiala aged about 58 years,
Mobile No.9991818753 stated that I am the resident of above
stated address and working as labour. I have two sons, my elder
son Makhan Kumar is 24 years old and younger son Sandeep
Kumar is 22 years. My elder son Makhan Kumar Car Mechanic
on 23.11.2017 my son Makhan Kumar went on his motorcycle
bearing registration no.PB11-CG-1871, Model Splendor Plus,
for some personal work to Baldev Nagar Ambala City. It was
around 05:00-PM, one Gaurav Kumar informed me that my son
Makhan Kumar had met with an accident near Vita Milk Plant
Baldev Nagar and he fell on the road alongwith his motorcycle.
It was also informed that he was taken to Civil Hospital Ambala
City. On getting this information I alongwith my cousin brother
Rajesh Kumar son of Baru Ram reached the Civil Hospital
Ambala City where I was intimated that my son had been
referred to PGI Chandigarh for treatment, when we reached
PGI-32 we saw that the treatment of my son was going on in the
hospital GMCH Sector 32 Chandigarh, however, doctors
declared my son dead around 09:00-PM. It was gathered later
that the accident had taken place by one Indica Car bearing
No.HR36-M-6209 but the name of the drive was not known. It
was because of the rash and negligent driving of the abovesaid
car, the motorcycle no.PB11-CG-1871 belonging to my son was
hit and my son who sustained serious injuries had succumbed to
death during the course of treatment in GMCH Sector 32,
Chandigarh. I therefore, request that appropriate legal action
against the driver of the offending car Indica No.HR36-M-6209
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CR-7414-2024 (O&M) -9-
be taken. I got my statement recorded and heard and consented
to be correct. Sd/ Sukhdas Ram, Attested by Gurmej Singh Head
Constable, PP Baldev Nagar, dated 24.11.2017.”
14.1 A perusal of the above-extracted contents of the FIR would
clearly indicate that the vehicles involved in the accident were the
motorcycle being driven by the deceased-Makhan Kumar bearing
registration No. PB-11CG-1871 and the offending vehicle being an Indica
car bearing registration No. HR-36-M-6209. Further, the manner of accident
has also been stated in the FIR. When the contents of the above-extracted
FIR as well as the facts mentioned in paras/columns No. 1 to 20 of the claim
petition (Annexure P-1) are seen in relation to the contents of para 24 of the
original claim petition, it would be apparent that they do not tally with each
other, inasmuch as that the deceased-Makhan Kumar is stated to be a pillion
rider on the motorcycle bearing No. HR04-D-6248 and the offending vehicle
is stated to be one motorcycle bearing No. HR04-D-0645.
15. It is a matter of record that even the learned Tribunal vide order
dated 12.07.2018 framed the following issues:
“1. Whether the accident in question took place due to rash
and negligent driving of Tata Indica Car bearing
Registration No. HR-36M-6209 by respondent no.1 Varun
Sachdev resulting into death of Makhan Kumar, as
alleged? OPP.
2. If issue no.1 is proved, whether the claimants are entitled
to compensation, if so how much and from whom?OPP.
3. Relief.”
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CR-7414-2024 (O&M) -10-
16. So, upon learning about the variance/discrepancy as regards the
factual aspects in relation to the accident as recorded in the FIR as well as
columns/paras No. 1 to 20 of the claim petition vis-a-vis the contents of para
24 of the claim petition, the respondents No. 1 and 2/claimants immediately
filed an application seeking amendment of para No. 24 of the claim petition
to bring it in consonance with the actual factual aspects of the accident,
which has been allowed by the learned Tribunal vide impugned order dated
19.10.2024 (Annexure P-9) by observing as under:
“3. After giving thoughtful consideration to the arguments
advanced by learned counsel for the parties and perusing the
case file, it is clear that the claimants had given correct
particulars to their Advocate, who while getting typed the same
in body of the claim petition, got wrongly typed some other
matter from Typist in body of the claim petition. So, it is only a
typographical/ clerical error on the part of Advocate of the
claimants for which claimants should not suffer. Further,
correction/amendment sought in the plaint of the claim petition
would not cause any prejudice to respondents. Therefore,
application under Order 6 Rule 17 CPC read with Section 151
of the CPC moved the claimants is, hereby allowed, and the
claimants are permitted to make necessary corrections /
amendments in the plaint as prayed for.”
17. Upon consideration of the matter in its entirety, it is evident that
the narration given in unamended para 24 of the claim petition is at variance
from the factual position emanating from a reading of the FIR as well as
columns/paras No. 1 to 20 of the claim petition. Indeed, the variance has
crept in para 24 on account of typographical/clerical error.
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CR-7414-2024 (O&M) -11-
18. In my considered view, the learned Tribunal was justified in
permitting the amendment of the claim petition so as to bring the contents of
para No. 24 of the claim petition in consonance with the factual aspects of
the accident as emanating from the FIR as well as other averments made in
paras No. 1 to 20 of the claim petition.
19. Resultantly, I see no merit in the present civil revision petition
and the same is accordingly, dismissed .
20. All the pending application(s), if any, shall also stand closed.
(HARSH BUNGER)
28.10.2026 JUDGE
Ankit
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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