NEW INDIA ASSURANCE CO Vs. SUNISH KATYAL

JUDGEMENT

(1.) New India Assurance Company Limited, Chandigarh has come in revision against the order of Motor Accident Claims Tribunal Chandigarh dated 4th February, 1991 where the Tribunal has closed the evidence of defendants - petitioners and ordered the case to come up for final disposal on 13-2-1991. the following order was passed by the Tribunal :-

(2.) It is clearly stipulated in this order that cross-examination of the witness whose examination in chief has been recorded is deferred for 16-1-1991. On 16th January, 1991, the following orders were passed by the Tribunal :-

(3.) It is clear from the perusal of this order that the Assurance company was permitted to take over the defence of the driver & the owner of the truck. The amended written statesman was allowed to be placed on record. Cross-examination of PW-6 was concluded but, no opportunity was given to the Assurance Company to cross-examine the other 5 witnesses whose examination-in-chief have already been recorded by the Tribunal Strangely enough evidence of claimant was closed on that day, On 4.2.1991 impugned order has been passed. It is clear from this order that the Assurance Company has not been given any opportunity to cross-examine the witnesses of the claimants and further it has not been given any opportunity to lead its evidence. The Tribunal does not even say in its order that evidence of Assurance Company stand closed and the case was fixed for 13.2.1991 for final arguments.