Allahabad High Court
Smt. Anju Verma vs Mohd. Sajid & Ors. on 28 January, 2010
Author: V.K. Shukla
Bench: V.K. Shukla
Court No. - 21 Case :- WRIT - C No. - 3910 of 2010 Petitioner :- Smt. Anju Verma Respondent :- Mohd. Sajid & Ors. Petitioner Counsel :- J.P.S. Chauhan Hon'ble V.K. Shukla,J.
Present writ petition has been filed questioning the validity of the order dated 4.11.2009 wherein Motor Accident Claim Tribunal has proceeded to accept on record application alongwith documentary evidence, which have been filed by the Insurance Company to show and substantiate that cheque, which had been given by petitioner-owner of the Jeep, same had been dishonoured and as such relevant policy has been cancelled and necessary information had been sent and as such said document be accepted and taken on record. Said application has been allowed and document has been kept on record with opportunity to petitioner to file rebuttal and evidence to the same. At this juncture present writ petition has been filed. J.P.S. Chauhan, Advocate, Learned Counsel for the petitioner contented with vehemence that at such belated stage, such order could not have been passed and as such order impugned is liable to be quashed.
In the present case owner of the vehicle has been claiming that vehicle was insured and Insurance Company has moved an application mentioning therein that relevant cheque, which was given by the petitioner, same has been dishonoured and policy had been cancelled and necessary information was given to owner of the vehicle, qua the said document directives have been given to take on record and opportunity has been given to the petitioner to file rebuttal and evidence. Once document in question has been directed to be taken on record and interest of the petitioner has been fully protected by providing opportunity to file rebuttal, then no prejudice has been caused to her, as such this court refuses to interfere with the same at this stage. Consequently, present writ petition is dismissed. Order Date :- 28.1.2010 T.S.