High Court Of ChhattisgarhWP227/188/2018disposed off

Branch Manager Bajaj Allainz General Indurance Company v. Smt. Hemin Bai

2019-01-02Hon'Ble Shri Justice Sanjay K. Agrawal1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227. No. 188 of 2018 Branch Manager Bajaj Allainz General Indurance Company Address Shivmohan Bhavan, Pandri, Vidhansabha Road, Pandri, Raipur, Chhattisgarh. (Insurer of Vehicle No. C. G.- 04- KS- 8362). ---- Petitioner

Versus

1. Smt. Hemin Bai Wd/o Late Chhabiram Dhruv Aged About 40 Years.

2. Bhupendra S/o Late Chhabiram Aged About 26 Years.

3. Kumar Khileshwari D/o Late Chhabiram Aged About 22 Years.

4. Jageshwar S/o Late Chhabiram Aged About 20 Years. All R/o Village Gatapar, Tahsil And Thana Abhanpur, District- Raipur, Chhattisgarh.

5. Bholaram Sahu S/o Gajjuram Sahu R/o Village And Post Borsi, Thana Magarlod, Tahsil Kurd, District- Dhamtari, Chhattisgarh. (Owner And Driver Of Vehicle No. C. G-04-KS- 8362), District : Dhamtari, Chhattisgarh. ---Respondents For Petitioner :

Shri Bhaskar Pyashi, Advocate.

For Respondents No.1 to 4 :

Shri Shivendu Pandya, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 02/01/2019

1. By the impugned order petitioner's application for taking investigation reports has been rejected on the ground of delay.

2. I have heard learned counsel for the parties and perused the impugned order.

3. Learned Motor Accident Claims Tribunal (for short, 'the Tribunal') has not given reason for declining to take the document on record except holding that there is no justification for taking the document on record. Reports of the investigation appears to be relevant and necessary for appropriate disposal of the claim application.

4. Accordingly, the writ petition is allowed subject to payment of cost of Rs. 3,000/- to respondents No.1 to 4 and the said document be taken on record. The claim application before the Tribunal is pending since more than 5 years (2014), therefore, the Tribunal is directed to conclude the trial within a period of three months from the date of receipt of a copy of this order.

5. A copy of this order be sent to the learned Tribunal directly and through Email and Fax.

Sd /- (Sanjay K. Agrawal) Judge Jamal