NEW INDIA ASSURANCE CO.LTD Vs. GYANODEVI

JUDGEMENT

(1.) This appeal has been preferred against the impugned Award dated 3rd December, 2009 granted by the Motor Accidents Claims Tribunal, Gwalior in favour of the claimants in Claim case No. 56/2009.

(2.) Main grievance of the Appellants is that further opportunity to adduce evidence was not granted and Claims Tribunal has acted with undue haste in closing the Appellant's evidence without granting opportunity to lead further evidence.

(3.) On perusal, it is found that the Claim case was fixed for biparte evidence on 2nd December, 2009. Claimants/Respondents No. 2 Bharat and No. 3 Pawan were examined and cross-examined on this date Claims Tribunal closed their evidence. Thereafter the Appellant submitted certain documents which were taken on record on the same day. A witness namely Rajan Saxena was produced by the Appellant and an affidavit containing Chief Examination of Rajan Saxena was also filed by the Appellant was also produced. The witness was discharged after cross-examination. Thereafter, Appellant submitted an application under Order XVII, Rule 1 Code of Civil Procedure for granting opportunity to adduce further evidence. This application was rejected. Consequently, the evidence of the Appellant was closed by the Claims Tribunal and the final arguments were heard on the same day.