Mam Chand v. Niranjan Singh And Others

2023:PHHC:145551 In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 2674 of 2019 Date of Decision: 16.11.2023 Mam Chand ... Petitioner(s)

Versus

Niranjan Singh and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Sagar Aggarwal, Advocate for the petitioner(s).

Mr. Vinod Chaudhri, Advocate for the respondent No.3.

Anil Kshetarpal, J.

1.

The petitioner here is the claimant in a petition filed under Section 166 and 140 of the Motor Vehicles Act, 1988, to claim compensation for the injuries suffered by him in an accident. 2.

It is the case of the petitioner that when he was riding/driving the motorcycle bearing registration plate No. "HR-07-G-8878", he was involved in an accident. In the FIR as well as the final report submitted by the police, the registration number of the motorcycle involved in the present case, is also mentioned as "HR-07-G-8878". However, while filing the claim petition as well as filing an affidavit in his examination-in-chief, due to an inadvertent mistake, the registration plate number of the motorcycle has been wrongly mentioned as "HR-07-G-7788". An application filed by the petitioner to correct the aforesaid mistake, has been dismissed by the trial DEEPAK KUMAR BHARDWAJ 2023.11.21 10:49 I attest to the accuracy and integrity of this document Court.

2023:PHHC:145551 Civil Revision No. 2674 of 2019 3.

Heard the learned counsel representing the parties at length and with their able assistance, perused the paper-book. 4.

The petitioner herein is the registered owner of the vehicle i.e. HR-07-G-8878. To err is a human. It appears to be a bonafide inadvertent mistake of the petitioner while disclosing the registration plate number of his own vehicle. The Court should have been indulgent in allowing such application particularly when in the FIR as well as the police report, the correct registration plate number has already been mentioned. 5.

Keeping in view the aforesaid facts, the present revision petition is allowed. The impugned order dated 09.04.2019 is set aside. The petitioner is permitted to correct the mistake. The Motor Accidents Claims Tribunal is requested to proceed with the matter. (Anil Kshetarpal) Judge November 16, 2023 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2023.11.21 10:49 I attest to the accuracy and integrity of this document