LAWS(KAR)-2009-2-83

ORIENTAL INSURANCE COMPANY REPRESENTED BY ITS AUTHORISED SIGNATORY REGIONAL MANAGER Vs. SMT. SHOBHA A.V. W/O LATE SHANMUGAM AND OTHERS

Decided On February 24, 2009
Oriental Insurance Company Represented By Its Authorised Signatory Regional Manager Appellant
V/S
Shobha A.V. W/O Late Shanmugam Respondents

JUDGEMENT

(1.) THE petitioner has challenged in this writ petition the order passed by the Motor Vehicle Claims Tribunal rejecting the application of the Insurance Company seeking permission to cross examine the claimant on al grounds, on the ground that owner of the vehicle is contesting the case on merits.

(2.) RESPONDENTS -1 to 4 are the claimants in MVC No. 9296/07 and connected matters where compensation is claimed for the death of one P. Somashekar. Respondents -5 to 11 are also claimants in the connected petition. 12th respondent is the owner of the vehicle involved in the accident. He has filed detailed statement of objections denying the claim. After issues are framed, petitioner have led evidence in support of their claim. The Counsel on behalf of second respondent has cross examined the claimants. After the said cross examination is over, the Insurance Company filed application under Section 170 of the Motor Vehicles Act seeking permission of the Court to cross -examination P.W -1 on ail grounds. The said application is rejected by the Tribunal on the ground that the first respondent is contesting the matter. Aggrieved by the said order the petitioner is before this Court.