AVTAR SINGH Vs. UNITED INDIA INSURANCE

JUDGEMENT

(1.) This common order shall dispose of the instant review petitions filed against the judgement dtd. 5/11/2013 passed by this Court in Civil appeal Nos. 119/2012, 120/2012, 121/2012, 122/2012, 123/2012, 124/2012, 125/2012 and cross appeal No. 56/2013.

(2.) Before adverting to the grounds urged in the instant petitions, it would be appropriate to give a brief background of the case as stated in the petitions hereunder: -

(3.) Objections have been filed by the Company, wherein it is being stated that the petitions are misconceived and not maintainable in the present form, in that, during the course of trial, petitioner was represented in the claim petitions filed before the Srinagar Tribunal by Mr A. R. Keng, Advocate, who had filed response on 18/10/2006 and that later on the petitioner had been proceeded ex-parte on account of his absence and that issues were framed in the claim petitions including issue No. 2 i.e. "As to whether the driver of the offending vehicle was not holding valid driving license but was possessing a fake license on the date of accident" and that the Company proved the said issue upon leading evidence proving that the license in question bearing No. 68/SML/82 had not been issued in the name of deceased driver and thus, in this view of the matter the judgement passed by Jammu wing dtd. 1/11/2013 of this Court in the appeals filed by Company had no relevance in so far as appeals filed by the Company before this wing of this Court is concerned, which decided the said appeals in terms of the judgement under review dtd. 5/11/2013