NEW INDIA ASSURANCE CO.LTD Vs. REKHA KUMARI

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India by the petitioner company challenging the order 18.11.2020 (Annexure P-4) passed by the MACT, Palwal whereby its application to lead rebuttal evidence against the evidence with regard to the employment and income of deceased allegedly led by the claimants in compliance of the earlier order dated 03.02.2020 (Annexure P-1) passed by this Court in FAO No.886 of 2016, has been dismissed.

(2.) Counsel for the insurance company vehemently argued that the order is not justified and the chance of rebuttal evidence has wrongly been denied.

(3.) The said submission is opposed by the counsel for the claimants on the ground that rebuttal evidence could have only been permitted if the claimants have produced any evidence after the matter had been remanded. There is no dispute on the issue that claimants have not led any evidence in rebuttal. Also on 11.12.2020 a chance was given by this Court to the counsel for the petitioner company to show the material that the claimants had adduced the evidence. Today he has also conceded that there is no such evidence which was led by the claimants after remand. It is settled principle that rebuttal as such would only be allowed if claimants had led evidence after the remand.