NATIONAL INSURANCE CO. LTD. Vs. SANDEEP SINGH

JUDGEMENT

(1.) The appellant-Insurance Company has impugned the judgment/ award dated 26.02.2010 passed by the Motor Accidents Claim Tribunal, Jammu (hereinafter referred to be as the 'Tribunal') in file No. 586/claims, titled, "Sandeep Singh vs. National Insurance Company Limited and others", by virtue of which an amount of Rs. 1,90,000/- has been awarded in favour of respondent No. 1 along with interest at the rate of Rs. 7.5% per annum ( except on loss of future earning) from the date of filing of the claim petition till its realization.

(2.) When the matter was taken up, Mr. Rajesh Kumar, learned counsel for the appellant has very fairly submitted that the appellant-Insurance Company does not dispute the quantum of compensation awarded in favour of respondent No.1. The only grievance of the appellant-Insurance Company is that it had furnished the list of witnesses and even deposited the diet expenses for summoning of the witnesses, such as, driver and concerned officials of the R.T.O. but the learned Tribunal without securing the presence of the witnesses as well as without receiving the reply of interrogatories, closed the evidence of the appellant-Insurance Company. It is further argued by Mr. Rajesh Kumar that closure of evidence has deprived the right of the Insurance Company to prove the issue No. 3, which reads as under:

(3.) Now only it is to be seen whether the learned Tribunal has closed the evidence without securing the presence of the witnesses and obtaining reply of interrogatories.