United India Insurance Company Ltd vs Renu Khatik And Ors

The instant writ petition has been filed by the petitioner - United India Insurance Company Limited (for short "the petitioner company") challenging the order dated 29th August, 2019 whereby evidence of the petitioner company has been closed.

Learned counsel, appearing for the petitioner company, submits that the petitioner company had made a request before the Court below to produce District Transport Officer, Wakhra, Nagaland in evidence.

Learned counsel submits that specific plea was taken by the petitioner company that the driving license in question was not issued by the Competent Authority and as such, there was a requirement to prove such facts by producing evidence and accordingly, request was made to call the District Transport Officer, Wakhra, Nagaland in evidence.

Learned counsel submitted that in fact, the Court below has committed illegality in rejecting the application of the petitioner company, as the petitioner company was in a position to prove that driving license in question was not issued by the Competent Authority and as such, it could not be fastened with the liability of paying any amount to the claimants.

Learned counsel for the petitioner company further submitted that relevant insurance policy and report of authenticity of the driving license was placed on record and the same was allowed also, however, the said document has not been exhibited and as such, the petitioner company will be deprived to lead its evidence, thus irreparable loss caused.

Per contra, learned counsel for the respondents Mr.Prakhar Gupta submits that ample opportunities were granted to the petitioner company to lead evidence, however, no suitable steps were taken by them.

Learned counsel further submitted that as many as four opportunities were given to the petitioner company for leading evidence and the matter pertains to the year 2013 and as such, only on account of delaying tactics of the insurance company, claim of the claimants cannot be frustrated.

Learned counsel further submits that calling of the District Transport Officer, Wakhra, Nagaland was not warranted. Thus, the court below has rightly rejected the application of the petitioner company and has closed the evidence.

I have considered the submissions made by learned counsel for the parties and perused the record.

This Court finds that the Court below has committed no error in rejecting the prayer of the petitioner company to summon the District Transport Officer, Wakhra, Nagaland in evidence as enough opportunities have already been given to the petitioner company to lead evidence.

This Court further finds that insurance company ought to have made arrangement to call the relevant witness at appropriate time and if several opportunities have been given, no requirement arises for such eventuality, where further opportunity should be given to call any witness.

This Court is conscious of the fact that the claim petition was filed in the year 2013 and the claimants are yet to get any compensation.

Learned counsel for the petitioner company Mr.VP Mathur, at this juncture, made submission that authenticity and driving license verification report, which has already been taken on record, may at least be permitted to be read in evidence and the same documents may be exhibited for the purpose of consideration by the Motor Accident Claims Tribunal (for short "Tribunal").

Learned counsel for the petitioner company submitted that no further delay will be caused in disposal of the claim petition and claimants can be compensated suitably.

Learned counsel for the petitioner company further submitted that at least, the insurance company has a right to prove before the Tribunal that license was not issued by the Competent Authority and the report, which they have collected, has important bearing.

Learned counsel for the respondents submits that though such request is not genuine request on behalf of the petitioner company, however, if the Court gives such opportunity, timebound direction is required to be given to the Tribunal for expeditious dispose of the claim petition.

Learned counsel for the respondents also submitted that the claimants have already suffered and as such, giving further opportunity, will further delay the proceedings.

This Court without interfering in the order dated 29th August, 2019 to the extent of calling of District Transport Officer, Wakhra, Nagaland in evidence, deems it proper to direct the Tribunal to permit the document, which has been filed by the petitioner company, to be considered as piece of evidence and the same be marked as exhibit.

This Court further directs that the Tribunal will give only one opportunity to the petitioner company for this exercise and on the next date of hearing, the entire case will be decided.

Accordingly, both the parties would appear before the Tribunal on 30th September, 2019 and the requisite exercise will be undertaken on the aforesaid date and thereafter, within a period of 15 (fifteen) days, the claim petition will be decided. The petitioner company is required to pay a cost of Rs.20,000/-to the claimants and the same be deposited immediately in the Tribunal and paid to the claimants.

With the aforesaid, the present writ petition stands disposed of.