NATIONAL INSURANCE CO LTD Vs. PINKI SHARMA

JUDGEMENT

(1.) The Petitioner National Insurance Co. Ltd. impugns the orders dated 06.12.2010 passed in three claim petitions bearing Nos.518/2011, 505/2011 & 519/2011 whereby an application under Order VI Rule 17 read with Order I Rule 10 and Section 151 of Code of Civil Procedure for impleading the driver/ owner and Insurer of vehicle No.DL-1RE-8486 (TSR) was dismissed by the Tribunal.

(2.) The ground set up in the application before the Tribunal was that during investigation of the FIR No.234/2008, Police Station, New Friends Colony, it transpired that the accident took place on account of the rash and negligent driving of the TSR driver and that is why a closure report was submitted before the Court on 15.01.2009 by the SHO of the Police Station.

(3.) The application was resisted by the Respondents by refuting the averments made in the application. It was submitted before the Tribunal that closure report was submitted in the FIR because of some extraneous consideration.