MADHU LATA SHARMA Vs. SURENDRA SINGH

JUDGEMENT

(1.) Petitioner is a widow of one Sh. Madan Mohan Sharma who died in a road accident. She filed a claim petition claiming compensation for the death of her husband. During trial some doubt was entertained about the driving licence and respondent-Insurance Co. was allowed to lead additional evidence on that. Thereafter, petitioner also wanted to lead additional evidence to show that driving licence was valid. Her application was dismissed and so was her review petition.

(2.) The Trial Court has rejected petitioner's application on the ground that driver (respondent No. 1) could not have possessed two driving licence, one from Agra and other from Raipur. It seems to me that the Court had prejudged the issue without affording a chance to petitioner to prove the validity or otherwise of the licence. Moreover it could not prejudice the Insurance Company any way, if she was allowed a chance which would have also given her a feeling of satisfaction that she had exhausted all avenues to support her claim. Respondent Company in any case could have proved her wrong. Even otherwise it would result in miscarriage of justice if her claim was disallowed on such a technicality.

(3.) Therefore, all told impugned order cannot sustain and is set aside. Trial Court is directed to allow petitioner to place documents relating to driving licence on record and to dispose of the claim petition expeditiously in accordance with law.