Bajaj Allianz General Insurance Co Ltd v. Somesh Kumar Bhagat & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 133/2017 & CM No. 5339/2017 (stay) BAJAJ ALLIANZ GENERAL INSURANCE CO LTD ..... Appellant Through:

Mr. M.P. Shahi, Adv.

versus SOMESH KUMAR BHAGAT & ORS ..... Respondents Through:

Mr. Vikram Hegde, Adv.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 12.07.2017 The insurance company which has been burdened with liability to pay the compensation awarded by judgment dated 17.11.2016, on the claim case (MAC P No. 67/16), submitted by the first respondent on account of death of his octogenarian mother, Mrs. Chander Kanta, in a motor vehicular accident that occurred on 13.04.2014, questions the decision on the ground that negligence on the part of driver of the insured vehicle was not proved. After some hearing, learned counsel for the appellant fairly concedes and submits that the appeal may be allowed on above ground though his request is that the matter may be remitted so that he can adduce further evidence on the question of negligence by examining one of the eye witnesses.

The impugned judgment is, thus, set aside. The matter is remitted to the Tribunal for further inquiry in accordance with law. For this the parties MAC.APP. 133/2017

shall appear before the tribunal on 14th August, 2017. Needless to add, the claimant shall be entitled to have the relevant witness(es) summoned and after such opportunity is availed, the opposite party shall also have the opportunity for rebuttal.

The tribunal, after completion of such exercise shall render a fresh judgment, on the basis of evidence available including the additional evidence now permitted.

The amount deposited by the insurance company in terms of the interim order dated 10.02.2017 shall be presently refunded with statutory deposit.

The appeal is disposed of.

R.K.GAUBA, J JULY 12, 2017 nk MAC.APP. 133/2017