UNITED INDIA INSURANCE CO. LTD Vs. LAKHBIR KAUR

JUDGEMENT

(1.) The matter comes up on an application filed by the appellant under Order XLI Rule 27 CPC for placing on record additional evidence.

(2.) It is inter-alia indicated that qua the same accident, for which, the application for compensation was filed before the Motor Accident Claims Tribunal, Sojat, Dist. Pali ('the Tribunal'), the claimants had approached the Commissioner, Employees' Compensation, Pali, ('the Commissioner') by filing Claim Petition No.13/2013 which was decided on 15.05.2014, whereby, the claimants were paid compensation to the tune of Rs.5,00,000/-. The said aspect was not within the knowledge of the appellant -Insurance company during the pendency of the claim petition before the Tribunal and, therefore, the defence in this regard could not be taken before the Tribunal.

(3.) It is submitted that the award passed by the Commissioner has material bearing on the impugned award as under Section 167 of the Motor Vehicles Act, 1988 ('the Act'), the filing of the present claim petition is barred and, therefore, the judgment and award dated 15.05.2014 passed by the Commissioner may be taken on record by way of additional evidence.