Punjab-Haryana High Court
Lakhmi Chand And Others vs National Insurance Co. Ltd on 25 September, 2009
Author: Surya Kant
Bench: Surya Kant
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Revision No.5664 of 2009 (O&M)
Date of Decision : 25.09.2009
Lakhmi Chand and others .....Petitioners
versus
National Insurance Co. Ltd. .....Respondent
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
Present : Mr.Ramender Chauhan, Advocate, for the petitioners.
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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?
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ORDER
Surya Kant, J. (Oral) The petitioners, who are the owners and driver of the delinquent vehicle, are aggrieved at the order dated 18.8.2009 passed by the Motor Accident Claims Tribunal-cum-Executive Court, Bhiwani, rejecting their objections in an execution application filed by the Insurance Company for recovering the amount of compensation, already paid to the claimants.
The petitioners filed the objections, inter-alia, alleging that the driving licence possessed by the driver of the vehicle, at the time of causing the accident, was valid.
The Executing Court has dismissed the application of the C.R. No.5664 of 2009 (O&M) 2 petitioners after observing that it cannot go behind the award. In other words, the aforestated plea was available to the petitioners in the claim petition filed by the claimants.
The award dated 10.5.2005 reveals that the driving licence of the driver was found valid upto 11.11.2000 and it was not valid on the date of accident i.e. on 30.8.2001.
If the petitioners were aggrieved at the aforesaid finding, the only recourse to be followed was/is to file an appeal and/or seek review of the award, if so permissible in law.
Faced with this situation, learned counsel for the petitioner seeks and is granted liberty to withdraw the present revision petition with liberty to file an appeal or an application for review of the award, if permissible and in accordance with law. Nothing precludes the petitioners from seeking condonation of delay in filing the said appeal/application, by making out a case under Section 14 of the Limitation Act.
With these observations, the revision petition is dismissed as withdrawn.
25-09-2009 (SURYA KANT) Mohinder JUDGE