Basumati Behera @ Nayak Vs Mami Jena — Orissa HC (2026) — LawSathi Research

Basumati Behera @ Nayak Vs Mami Jena — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Setting aside of the order dated 09.02.2026 passed by the learned court below and direction to bring the amendment sought by the petitioner (cause title and Column Nos. 14, 15 and 16 of the claim application) in accordance with law.

Issue for consideration

Whether the order dated 09.02.2026 passed by the learned court below refusing the petitioner's amendment application under Order 6 Rule 17 CPC should be set aside and the amendment of the cause title and Column Nos. 14, 15 and 16 of the claim application allowed. +1 more

Court's answer

The order dated 09.02.2026 passed by the learned court below is set aside, and the court below is directed to bring the necessary amendment sought by the petitioner (cause title and Column Nos. 14, 15 and 16 of the claim application) in accordance with law.

Ratio / Principle

The mistake appearing in the petitioner's claim application is bona fide and could be detected upon due diligence of perusal of the Police Paper; there is no impediment in allowing the amendment sought for by the petitioner.

Detailed headnote1 paragraphs

Motor accident claim amendment — bona fide clerical error in vehicle number — Order 6 Rule 17 CPC. The petitioner, a claimant in a compensation application arising from a motor accident of 18.10.2024 before the learned 2nd A.D.J.-cum-3rd M.A.C.T., Cuttack, had named vehicle Regd. No. OD-22-V-6583 (Pick-up Bolero) and had its owner and insurers added as parties; she subsequently discovered the actual accident vehicle was OD-22-U-6583, owned by Sachidananda Das and insured with SBI General Insurance, as borne out by Charge-Sheet No. 306 dated 25.06.2025 and the seizure list dated 18.10.2024. The court below refused the amendment under Order 6 Rule 17 of C.P.C., 1908 on the ground that it was not in accordance with the Police Paper. The High Court found the mistake bona fide and detectable upon due diligence of the Police Paper, set aside the order dated 09.02.2026, and directed the court below to bring the amendment sought (cause title and Column Nos. 14, 15 and 16) in accordance with law. Writ petition disposed of (order dated 01.07.2026, Chittaranjan Dash, J.).

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P(C) No. 13979 of 2026

Basumati Behera @ Nayak …. Petitioner

Mr. D. Patnaik, Advocate

-versus-

Mami Jena & another

…. Opp. Parties

CORAM:

THE HON’BLE MR. JUSTICE CHITTARANJAN DASH

ORDER

Order No.

01.07.2026

Heard learned counsel for the Parties.

By means of this application, the Petitioner seeks the following relief:-

“It is therefore prayed that this Hon'ble Court may graciously be pleased to pass necessary order to set aside the order dated 09.02.2026 and direct the Learned 2^nd A.D.J. -cum- 3^rd M.A.C.T. Cuttack to allow the prayer of the petitioner under Order 6 Rule 17 of C.P.C., 1908 for amendment of the cause title and Column No.14, 15 and 16 of the claim application as per the facts narrated above.”

It is the case of the Petitioner that pursuant to the motor accident took place on 18.10.2024, the claimants moved the learned court praying for compensation. In the application for compensation, the claimants mentioned the vehicle bearing Regd. No.OD-22-V-6583 Pick-up Bolero involved in the accident and accordingly the name of the owner of the said vehicle OD-22-V6583 and the insurance companies were added as parties to the

claim. Subsequently, the Petitioner came to know that the vehicle met with accident is not OD-22-V-6583 but it is OD-22-U-6583. Consequently, the name of the owner of the said vehicle was revealed to be Sachidananda Das and the insurance company is SBI General Insurance. Having come to know about the aforesaid mistake as crept in the application, the Petitioner moved the learned court for brining necessary amendment to his application. The learned court having heard the Parties declined to allow the application of the Petitioner contending that the amendment sought for by the Petitioner in his application is not in accordance with the Police Paper. This finding of the learned court is contrary to the document submitted by the Petitioner such as the ChargeSheet No.306 dated 25.06.2025, the seizure list dated 18.10.2024, wherein it clearly reveals that the vehicle involved in the accident is OD-22-U-6583, its owner being Sachidananda Das and the insurance company is SBI General Insurance. The description made in the Charge-Sheet mentioned above clarifies this aspect, which the learned court has failed to appreciate while considering the application of the Petitioner.

Considering the mistake appearing in the application of the Petitioner to be bona fide and could be detected upon due diligence of perusal of the Police Paper, there is no impediment in allowing the amendment sought for by the Petitioner. Accordingly, the order dated 09.02.2026 passed by the learned court below is set aside and it is directed that the court shall bring necessary amendment as has been sought for by the Petitioner in accordance with law.

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The Writ Petition is accordingly disposed of.

(Chittaranjan Dash) Judge

Bijay

Signature Not Verified

Digitally Signed Signed by: BIJAY KETAN SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 02-Jul-2026 10:21:28

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