Jitender Sharma @ Yatender Kumar ... vs Sanjay Gupta & Ors.
2009 Latest Caselaw 4324 Del

3
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +       MAC.APP.No.125/2009

%                                 Date of decision: 26th October, 2009


      JITENDER SHARMA @ YATENDER
      KUMAR SHARMA                               ..... Appellant
                    Through : Mr. J.P.N. Shahi, Adv.

                      versus

      SANJAY GUPTA & ORS.                  ..... Respondents
                    Through : Ms. Neerja Sachdeva, Adv.
                              for R-3.

CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?

3.      Whether the judgment should be
        reported in the Digest?

                               JUDGMENT (Oral)

1. The appellant has challenged the award of the learned

Tribunal whereby his claim petition was dismissed by the learned

Tribunal.

2. The accident dated 4th December, 2004 resulted in grievous

injuries to the appellant who filed the claim petition before the

learned Tribunal. The learned Tribunal framed issues on 26 th July,

2007 and fixed the case for recording of the appellant's evidence

on 6th December, 2007, 27th March, 2008 and 20th October, 2008.

However, since no witness was present on behalf of the

appellant, the learned Tribunal closed the appellant's evidence

and dismissed the claim petition.

3. The learned counsel for the appellant submits that the

appellant had changed his address without intimating his counsel

and, therefore, the counsel could not contact the appellant who

could not appear before the learned Tribunal for evidence.

4. The learned Tribunal for the respondent submits that no

further opportunity should be granted to the appellant to lead

evidence. In the alternative, it is submitted that the appellant

should not be entitled to claim interest for the period during

which the appellant could not lead evidence.

5. This case relates to the grievous injuries suffered by the

appellant and learned counsel for the appellant submits that the

bills are totaling more than Rs.2,00,000/-. There is no material on

record to show that the respondent conducted the investigation

in accordance with their manual and computed and offered the

compensation to the appellant. It has time and again been

noticed that Insurance Companies do not conduct the

investigation in terms of the claim procedural manual and do not

offer the compensation in accordance with law to the claimants.

In that view of the matter, the plea of the learned counsel for the

respondent is not accepted.

6. The appeal is allowed. The impugned award is set aside.

The case is remanded back to the Claims Tribunal for fresh

inquiry in accordance with law.

7. The parties are directed to appear before the learned

Tribunal on 2nd December, 2009.

8. The appellant shall examine himself on the said date and

file the list of witnesses and application for summoning other

witnesses on the said date. If the appellant fails to lead evidence

in terms of this order, the learned Tribunal shall proceed to

complete the inquiry in accordance with law.

9. The LCR be requisitioned before the next date of hearing.

10. Copy of this order be given 'Dasti' to learned counsel for the

parties under the signature of Court Master.

J.R. MIDHA, J

OCTOBER 26, 2009 aj