Deepak v. Shopal Singh & ORS(United India Insurance Company Ltd.)

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 70/2019 DEEPAK ..... Appellant Through:

Ms. Pratima N. Lakra, Advocate versus SHOPAL SINGH & ORS (UNITED INDIA INSURANCE COMPANY LTD.) .....Respondents Through:

Mr. Aldanish Rein, Advocate for respondent/DTC

CORAM:

HON'BLE MS. JUSTICE ASHA MENON

O R D E R

% 13.03.2020 MAC.APP. 70/2019 & C.M.Appln.9780/2020 (by the appellant for medical re-assessment) 1.

C.M.Appln.9780/2020 has been moved by the appellant seeking medical re-assessment of the appellant/claimant. 2.

Learned counsel for the appellant submits that the appellant is bedridden for the last six years and that it is necessary that the extent of disability be re-assessed.

3.

In view of the submissions made and with the consent of both the counsel, the application is allowed. Since re-assessment of disability would in effect require the re-examination of the appellant by doctors and their examination on their medical opinion, it would be appropriate to remand this matter back to the learned Motor Accident Claims Tribunal for recording MAC.APP. 70/2019

additional evidence by giving both sides opportunity to examine and cross-examine the additional witnesses and to, thereafter, re-apply its mind in respect of the awarded amount.

4.

The appeal is disposed of alongwith the application on the above terms.

5.

The date of 30.04.2020, already fixed, stands cancelled. ASHA MENON, J MARCH 13, 2020 s/na MAC.APP. 70/2019