- (1.) These writ petitions have been filed by the petitioner - Insurance Company aggrieved against orders dated 07.02.2019 passed by Motor Accident Claims Tribunal, Pali ('Tribunal'), whereby, witness of the petitioner - Insurance Company, who was present for his statement was not examined and the evidence of the petitioner - Insurance Company has been closed.
(2.) It is, inter alia, indicated in the writ petitions that three claim petitions were filed, arising out of an accident dated 16.06.2013; the service on all the defendants were completed on 09.06.2014; the petitioner - Insurance Company submitted its replies to the claim petitions on 29.10.2014; issues were framed on 03.05.2016; the applications filed by the petitioner - Insurance Company under Section 170 of the Motor Vehicles Act, 1988 ('the Act of 1988') were allowed on 01.09.2016, on which date the evidence of the claimants was completed and closed; on 03.11.2016 the petitioner - Insurance Company submitted applications seeking deletion of its name on the allegations that the policy submitted by the claimants/owner and driver of the vehicle was forged and fabricated; on 07.12.2016 applications were filed by the petitioner - Insurance Company under Order XI, Rules 12 and 14 CPC requiring the owner and driver to produce the original policy and in absence, an adverse inference be drawn against them; wereafter several adjournments were sought by claimants and owner and driver to file replies to the applications.
(3.) The petitioner - Insurance Company in the meanwhile filed affidavit of one Abhishek Singh in evidence.;