RELIANCE GENERAL INSURANCE COMPANY LIMITED, PANCHKULA Vs. ASHOK KUMAR AND OTHERS
LAWS(P&H)-2014-11-237
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 19,2014

RELIANCE GENERAL INSURANCE COMPANY LIMITED, PANCHKULA Appellant
VERSUS
Ashok Kumar and others Respondents

JUDGEMENT

BHARAT BHUSHAN PARSOON, J. - (1.) A petition for seeking compensation for death of Ashok Kumar in a motor vehicular accident is pending adjudication under Section 166 read with Section 140 of the Motor Vehicles Act, 1988 (hereinafter mentioned as the Act) before the Motor Accidents Claims Tribunal, Karnal.
(2.) Case of the claimants right from the very start is that Ashok Kumar had died in a motor vehicular accident when he was hit by car bearing registration No. HR-07K-3666 (hereinafter mentioned as the car) owned by Vikram, respondent No. 2 and driven by Samay Singh, respondent No. 1. When the evidence was being led by the respondents, the respondent insurance company came in possession of a discharge slip from the hospital where Ashok Kumar was treated, disclosing that it was not a case of death by accident as claimed by the claimants but actually, he had received injuries due to fall from the motorcycle where he was a pillion rider and no other vehicle was involved.
(3.) When an application was moved by the insurance company for recalling of the witnesses, namely, Ashok Kumar (PW1) and Dr. Anil Dhingra (PW4) to clarify the actual position as also with a purpose to put this and other related documents to them, the said application was dismissed vide order of 22.7.2014 of the Tribunal. Even application for additional evidence for examining concerned official from Fortis Hospital, Mohali in order to prove the said document alongwith other related documents, did not find favour with the Tribunal and was dismissed on 13.10.2014. Both these orders have been impugned in this revision petition.;


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