Ranjeet Singh And Another vs Abdul Kayyum Khan And Others on 18 March, 2016

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Uttarakhand High Court

Ranjeet Singh And Another vs Abdul Kayyum Khan And Others on 18 March, 2016

Bench: Servesh Kumar Gupta

  IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
             Appeal from Order No. 513/2012
Ranjeet Singh & Another                         ........Appellants

                                 Versus
Abdul Kayyum & Others                             ....Respondents

  Mr. Harshpal Sekhon, Advocate, for the appellants.
  Mr. G.C. Lakhchaura, Advocate, for the claimants/respondents 1
  to 3.
  None for the respondent insurance company.

                        March 18, 2016

Hon'ble Servesh Kumar Gupta, J.

Having heard learned Counsel for the appellants and the claimants to some extent, it is evident that the written statements, allegedly filed by the appellants Ranjeet Singhand Gurmukh Singh, the owner and the driver of the offending truck, were not verified by any lawyer.

It has been argued that the appellants were never, in fact, served nor they filed any written statement, and such written statements were filed accepting therein all the averments of the claimants. So, the liability was fastened upon the appellant Ranjeet Singh without their any representation, much less any written statement.

It appears that this fact has escaped notice of the learned Judge of the Tribunal.

It has been further argued that a fake FIR was lodged against the appellants Ranjeet Singh and Gurmukh Singh in order to strengthen the averments of the petition and a fake driving license was also submitted by someone.

Having perused the lower court record, I also find force in the above contention of learned Counsel. So, there are sufficient grounds to set aside the impugned judgment dated 8.11.2011.

Consequently, the appeal is allowed. The case is remanded back to the Tribunal for fresh trial. Ranjeet Singh and Gurmukh Singh will file their written statement within four weeks from today. Learned Tribunal shall also make fresh service on the Reliance General Insurance Company. The case shall be tried again and thereafter judgment shall be rendered by the concerned Tribunal.

Learned Tribunal shall make every endeavour to decide the case as expeditiously as possible, but not later than nine months from today.

Let LCR be sent back forthwith.

Registry is directed to return the compulsory statutory amount to the appellants along with three per cent simple annual interest.

It is further directed that the money deposited by the appellant Ranjeet Singh pursuant to the impugned award before the concerned Tribunal shall be returned to him along with three per cent simple annual interest w.e.f. the date of deposit till the date of return.

All pending applications stand disposed of accordingly.

(Servesh Kumar Gupta, J.) Prabodh

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Uttarakhand High Court