NARESH KUMAR Vs. BHAGIRATH

JUDGEMENT

(1.) This petition has impugned the order dated 19.9.2008 vide which the objection of the Respondents that the present petition is not maintainable has been dismissed.

(2.) Record shows that the claimants Bhagirath and Asha Devi had instituted a claim petition seeking compensation for the death of their minor child. In the written statement the objection was that an earlier petition was filed by the claimant which had been dismissed on 13.11.2003 and this fact has not been brought to the notice of the court in the present petition; the present petition is barred.

(3.) The impugned order had dismissed this objection. Reliance had been placed upon a judgment of a Bench of Rajasthan High Court as also another Bench of Punjab and Haryana High Court to support the stand that a hyper technical approach should not be adopted and a humane approach should in fact be adopted while dealing with motor accident claims.