UNITED INDIA INSURANCE CO LTD Vs. SENO

JUDGEMENT

(1.) SCOPE and the limitations of applicability of procedural law (Order 26 of Code of Civil Procedure) to the entertainment and decision of the claim petition before the Motor Accident Claims Tribunal constituted under the Motor Vehicles Act, is the basic question that falls for determination in this case. In order to have synoptic analysis to this question, it may be appropriate to refer to the basic provisions which are applicable in such situation. To provide an apt approach in this regard reference to the necessary facts giving rise to the present petition becomes necessary;

(2.) SMT . Seno and another filed a petition Under Section 166 of the Motor Vehicles Act, 1988, hereinafter referred to as the Act. It is the case of petitioner Smt. Seno that Gurdev Singh, her husband, died on 7. 12. 1992 in motor vehicular accident involving respondent No. 1. The vehicle was insured to respondent No. 2-United India Insurance Co. Ltd. As per allegations, the accident occurred due to rash and negligent driving of respondent No. 1 and thus, the petitioners prayed for payment of compensation claimed in the petition.

(3.) THE only ground on which the application for examination of the witness on open commission was declined by the learned Tribunal is that the provisions of Order 26 of the Code of the Civil Procedure are not applicable to the tribunal. It is this view of the Tribunal against which the petitioner is aggrieved, though the other application in regard to additional evidence based on the same has been allowed.