REKHA DEVI Vs. K L ARORA TRANSPORT COMPANY

JUDGEMENT

(1.) This petition is a classic case to highlight how cases can be lingered on and delayed at the instance of the claimants themselves for no valid rime or reason.

(2.) The petitioners are the widow and minor children of late Shri Shyam Singh. According to the petitioners the deceased was working as co-driver on gas tanker No.HR-38-C-0169, which met with an accident at Baghpat in Uttar Pradesh. Shyam Singh died in the accident. The petitioners filed a claim petition claiming compensation. The owner of the tanker filed his reply and admitted that the deceased was a co-driver in the gas tanker and had died in the accident. The Insurance Company in its reply did not admit the allegation that Whether the reporters of the local papers may be allowed to see the Judgment?Yes. the deceased was a co-driver in the vehicle in question. According to the Insurance Company the deceased was travelling as a gratuitous and unauthorized passenger and as such the Insurance Company was not liable to pay compensation. The Insurance Company also took up some other defences but I am not concerned with the same at this stage. The Insurance Company has not denied the fact that Shyam Singh died in the accident. The case of the Insurance Company is that Shyam Singh was a gratuitous and unauthorized passenger. Therefore, there was no need to prove the post mortem and unnecessarily time has been wasted to get a document proved when both the owner of the tanker and Insurance Company have not denied the death of Shyam Singh.

(3.) In view of the above discussion, I feel that in fact the applications filed for summoning the doctor from Baghpat and for placing on record the post mortem were misconceived since the death is not denied. The petition is accordingly rejected. It is made clear that both parties shall have a right to contest the claim on all other grounds available to them. Since the petition was filed in the year 2004 and the evidence of the petitioners was closed in 2009, it is directed that the learned Tribunal shall make an endeavour to dispose of the petition as early as possible and in any event not later than 31st March, 2011. It is made clear that the Insurance Company shall be given reasonable opportunity to put-forth its case. Both the parties are directed to appear before the Motor Accident Claims Tribunal, Kangra at Dharamshala on 6th October, 2010.