CRP/5400/2026 of Sathya Vs Sivagananam on 6 October 2026

ORDER

This Civil Revision Petition has been filed under Article 227 of the Constitution of India, against the fair and decreetal order passed in IA No.1189 of 2026 in MCOP No.730 of 2025, dated 02.04.2026, on the file of the Exclusive Motor Accident Claims Tribunal, Dharmapuri. wherein the application filed by the petitioners/claimants under Order VI Rule 17 of CPC, for amending the short and long cause title in the claim petition, came to be rejected by the Court below.

2. Heard the learned counsel for the petitioners and carefully perused the materials available on record. The 1st respondent did not contest this application before the Court below and hence, notice to the 1st respondent is dispensed with. The 2nd respondent has been served with notice and the name of the 2nd respondent has also been printed in the cause list and there is no appearance either in person or through counsel.

3. The petitioners are the claimants who filed MCOP No.703 of 2025, under Section 166 of the Motor Vehicles Act, 1988, claiming for compensation for the demise of one Govindaraj who is the husband of the 1st claimant. During the pendency of MCOP, IA.No.1189 of 2026 was filed under Order VI Rule 17 CPC, to make the following amendment:

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CRP No. 5400 of 2026

(1) mry; kDtpy; Long Cause Title kDjhuh;fspd; tpyhrj;jpy; 4?k; kDjhuh ; Madhammal vd;gjw;F mLj;J “mother of (late).Sathya” vd;gjw;F gjpyhf “wife of Madhan” vd jpUj;jk; bra;Jk;.

(2) mry; kDtpy; Long Cause Title kDjhuh;fspd; tpyhrj;jpy; 5?k; kDjhuh; Madhan vd;gjw;F mLj;J “Father of (late).Sathya” vd;gjw;F gjpyhf “Son of Perumal” vd jpUj;jk; bra;Jk;.

(3) mry; kDtpy ; 16(a)?tJ fhyj;jpy ; oiuth; tpyhrj;jpy; “Sivagnanam, S, Son of Shanmugam,K., D.No.2/138A, 6th Bus Stop, Kanchi Manager, Extension Cheran Manager, Coimbatore District-641 035” vd;vij ePf;fp tpl;L Sathish, son of Sakthivel, Sanjeevapuram Village, Pennagaram Taluk, Dharmapuri District” vd nrh;j;Jk/

(4) mry ; kDtpy ; 18?tJ fhyj;jpy; kDjhuh;fspd ; tpyhrj;jpy 4?k ; kDjhuh ; Madhammal vd;gjw;F mLj;J “mother of (late) Sathiya” vd;gjw;F gjpyhf “wife of Madhan” vd jpUj;jk; bra;Jk;/

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CRP No. 5400 of 2026

(5) mry; kDtpy; 18?tJ fhyj;jpy; kDjhuh;fspd; tpyhrj;jpy 5?k ; kDjhuh ; Madhan vd;gjw;F mLj;J “Father of (late) Sathiya” vd;gjw;F gjpyhf “Son of Perumal” vd jpUj;jk; bra;Jk;/

4. The Court below has rejected this application on the ground that the amendment sought to be made is inconsistent with the averments that have been made in the claim petition. Aggrieved by the said order, the present CRP has been filed before this Court.

5. In the considered view of this Court, the amendment sought for by the claimants is more in the nature of a clarification. The amendment sought for does not change the character of the claim petition nor does it bring about any new claim. Therefore, the Court below ought to have allowed the amendment and it has been dismissed more on the ground of technicality.

6. In the light of the above discussion, the order passed in IA No.1189 of 2026 in MCOP No.730 of 2025, dated 02.04.2026, on the file of the Exclusive Motor Accident Claims Tribunal, Dharmapuri, is hereby set aside and this CRP is allowed. The amendment shall be carried out in the claim petition and the Court below shall proceed further in accordance with law.

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CRP No. 5400 of 2026

7. In the result, this Civil Revision Petition is allowed in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 06-10-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No kp To Exclusive Motor Accident Claims Tribunal, Dharmapuri.

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CRP No. 5400 of 2026 N.ANAND VENKATESH J. kp CRP No. 5400 of 2026

06-10-2026

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