Mohindro Devi And ORS. v. Shiv Kumar And Others

FAO No.5358 of 2006 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5358 of 2006 (O&M) Date of Decision.19.08.2015 Smt. Mahindro Devi and others .......Appellants

Versus

Shiv Kumar and others ......Respondents

Present:

Mr. Ashit Malik, Advocate for the appellants.

Mr. Ravinder Arora, Advocate for the insurance company.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest? -.- K. KANNAN J. (ORAL) C.M. No.16641-CII of 2015 With the consent of both the parties, the case of hearing is advanced for today itself and it is taken up for final disposal. Application is allowed.

FAO No.5358 of 2006 1.

The appellants are aggrieved that the evidence had been closed by orders of Tribunal without allowing for full-fledged enquiry to take place and the order is vitiated. The counsel appearing on behalf of the insurance company will have no objection if opportunity is given to the claimants to prove their case but this ought not to have been understood as making a concession for admission of the claimants' claim. 2.

The order already passed is set aside. All the findings are PANKAJ KUMAR 2015.08.24 15:28 I attest to the accuracy and integrity of this document

FAO No.5358 of 2006 (O&M) -2vacated and the matter is remitted to the Motor Accident Claims Tribunal for disposal in accordance with law. For appearance of parties before the Motor Accident Claims Tribunal, Karnal on 01.10.2015. The appeal is allowed as above.

(K. KANNAN) JUDGE August 19, 2015 Pankaj* PANKAJ KUMAR 2015.08.24 15:28 I attest to the accuracy and integrity of this document