NISHA KOTWANI Vs. HAMID KHAN

JUDGEMENT

(1.) These appeals are filed respectively by the IFFCO Tokio General Insurance Company Ltd. being insurer of Qualis Vehicle bearing Registration No.MP 04 HB 1173 and that by the claimants.

(2.) The ground taken by the insurer IFFCO Tokio General Insurance Company Ltd. is that initially claim was filed by the claimants against the owner driver of Bus No.MP 14 H 3097 alleging that bus driver had suddenly applied brakes as a result of which Qualis which was travelling behind had dashed with the bus resulting in death of Smt. Meera Kotwani.

(3.) It is submitted that vide order dtd. 28/3/2007 learned Tribunal had allowed amendment application when it was informed by the Oriental Insurance Company Ltd., insurer of the bus that the policy was fake and not admissible to change the story that accident took place due to sole mistake and negligence of the respondent No.4 Mohan Lal Kotwani, who was driving Qualis at the relevant point of time. This amendment application was allowed, correction was allowed to be carried out.