MAMO DEVI Vs. SUDHIR AND ORS.

JUDGEMENT

(1.) As already recorded in the order dtd. 20/3/2019, by which notice of motion was issued, by this petition the petitioner challenges the order of the Motor Accident Claims Tribunal, Kaithal, dtd. 31/1/2019, by which her application seeking to lead additional evidence in the form of a disability certificate issued by a medical board has been rejected, on the ground that even after 8 opportunities had been granted, she had not done so and therefore, at a belated stage, the application could not be allowed.

(2.) Upon notice issued, Mr. Sanjeev K. Arora, Advocate, appears for the contesting respondent, i.e. the insurance company as had insured the vehicle involved in the accident (respondent no. 3 herein), and reiterates what is stated in the impugned order, to the effect that the application itself seeking to place on record the disability certificate having been filed after evidence was closed with the application seeking such disability certificate before the medical authority also having been moved in the month of December 2018, the impugned order is not required to be interfered with.

(3.) Learned counsel for the petitioner on the other hand submits that the petitioner is 65 years old and is seeking compensation for an injury stated to have been received by her in a motor vehicle accident that took place on 9/6/2017, and therefore simply because she was not literate enough to apply for a disability certificate prior to December 2018, she should not be perpetually made to suffer for that.