ARUN BHANSALI,J. - (1.) This writ petition has been filed by the petitioners aggrieved against order dated 19.09.2014 passed by the Motor Accident Claims Tribunal, Abu Road, whereby, the Tribunal has allowed the application filed by the respondent - Insurance Company under Order 18, Rule 17 C.P.C. and has directed for recall of witness Bharat Kumar.
(2.) The application seeking compensation was filed by the petitioners against Suresh Kumar, Lalji Bhai and Bajaj Allianz General Insurance Company.
(3.) During the course of the evidence led by the petitioners, one Bharat Bhai/Bharat Kumar was examined as PW-1, who indicated that Driver -Suresh Kumar was driving the vehicle rashly and negligently. Thereafter the present application was filed by the Insurance Company along with statement of said Bharat Bhai, which was deposed by him in the criminal proceedings initiated against Suresh Kumar -Driver, wherein, he had made certain averments regarding the mistake of the Driver and it was claimed by the Insurance Company that there are material contradictions in the statement of said Bharat Bhai/Bharat Kumar and, therefore, the witness be recalled.;