Punjab-Haryana High Court
United India Insurance Co. Ltd vs Rohtas And Anr on 26 November, 2009
Author: Rakesh Kumar Garg
Bench: Rakesh Kumar Garg
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
CR No.3997 of 2007 (O&M)
Date of decision: November 26, 2009.
United India Insurance Co. Ltd.
...Petitioner(s)
v.
Rohtas and Anr.
...Respondent(s)
CORAM:HON'BLE MR. JUSTICE RAKESH KUMAR GARG
Present: Shri Sanjiv Pabbi, Advocate, for the petitioner.
Shri K.S. Malik, Advocate, for respondent No.1.
Rakesh Kumar Garg, J. (Oral):
This revision petition has been filed on behalf of the insurance company challenging its liability to pay compensation on the ground that the driving licence of the driver-cum-owner of the offending vehicle was not valid on the date of accident.
However, from the perusal of the grounds of revision and the impugned award, I find that in the present case only a sum of Rs.5,000/- has been awarded to the injured-claimant for the injuries sustained by him in the accident.
Keeping in view the meagre amount involved in the present petition, learned counsel appearing on behalf of the petitioner-company was asked to justify the filing of this petition. According to learned counsel appearing on behalf of the petitioner, since the offending vehicle is common in other case i.e., FAO No.2912 of 2007, it was imperative upon the petitioner to challenge the aforesaid finding regarding accident in question in this petition also.
Learned counsel appearing on behalf of the respondent- claimant, however, stated that he has no objection if the present revision petition is dismissed without prejudice to the rights of the petitioner to challenge the aforesaid findings in FAO No.2912 of 2007.
After hearing learned counsel for the parties and keeping in view the meagre amount of compensation awarded, this revision petition is dismissed, however, without prejudice to the rights of the insurance company to challenge the findings on the question of driving licence of the driver of the offending vehicle in FAO No.2912 of 2007 and other connected matters.
It is made clear that dismissal of this petition will not operate against the petitioner to challenge the findings of the Tribunal in FAO No.2912 of 2007 and other connected matters, if any, which shall be decided on its own merit.
November 26, 2009. [ Rakesh Kumar Garg ] kadyan Judge