SAVITRI BAI Vs. MALINDER KAUR

JUDGEMENT

(1.) Heard.

(2.) The claim petition was filed on the ground that one Kanhaiyalal received fatal injuries and died. The matter remained pending for long. During the pendency, it transpired that the notice was directed to be issued on furnishing fresh Talwana to one Manjeet Singh who was subsequently joined as a party.

(3.) Learned counsel for the applicant submits that the learned Claims Tribunal dismissed the entire claim, which was pending since 1991, without entering into the merits of the case as Talwana could not be paid. He further submits that the dismissal of the claim is not at all justified, as the learned counsel for the Insurance Company was present on the said date and even no fault liability amount has not been paid. Learned counsel also submits that the Claims Tribunals have to dispense with justice keeping in view the salient features of the Motor Vehicles Act and also the law laid down by this Court. Regarding Talwana, they have to take into consideration Rules of 1994.