LAWS(DLH)-2015-3-497

NATIONAL INSURANCE CO LTD Vs. MANOJ KUMAR

Decided On March 19, 2015
NATIONAL INSURANCE CO LTD Appellant
V/S
MANOJ KUMAR Respondents

JUDGEMENT

(1.) THESE two petitions arise out of the two separate Claim Petitions being Suit no.422/13 and Suit no.424/13, arising out of a motor vehicular accident which allegedly took place on 30.04.2013.

(2.) MY learned Predecessor Judge had recorded the Petitioner's (National Insurance Company Limited) contention in the order dated 23.05.2014. The learned counsel for the Petitioner states that at this stage it will be difficult to say whether vehicle No.DL -1LR -1262 which was insured with the Petitioner Insurance Company was involved in the accident and, therefore, the order under Section 140 of the Motor Vehicles Act, 1988 (the Act) ought to have been deferred. Paras 1,2 and 4 of the order dated 23.05.2014 passed by this Court are extracted hereunder: -

(3.) LEARNED counsel for the Respondents states that without admitting the averments made by the Petitioner, the Respondents (the Claimants) have no objection to deferring of the order under Section 140 of the Act and an appropriate direction may be issued for the Claims Tribunal for the expeditious disposal of the Claim Petitions.