Rahul Bagolria & Anr vs Oriental Insurance Co. & Anr.
2012 Latest Caselaw 4254 Del

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*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                         Date of decision:18th July, 2012
+        CM(M). No.601/2012

         RAHUL BAGOLRIA & ANR            ..... Petitioners
                     Through: Mr. D.K. Sharma, Advocate

                     Versus

         ORIENTAL INSURANCE CO. & ANR. ..... Respondents
                      Through: Mr. R.B. Shami, Advocate for
                               the Respondent No.1 Insurance
                               Company

         CORAM:
         HON'BLE MR. JUSTICE G.P.MITTAL

                            JUDGMENT

G. P. MITTAL, J. (ORAL)

C.M. No.9252 /2012(Exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of. CM(M) No.601/2012 & CM. 9251/2012(stay)

1. Mr. R.B. Shami, Advocate appears on behalf of the Respondent No.1 Oriental Insurance Company.

2. The Petitioner impugns an order dated 31.03.2012 whereby the Application moved by the Petitioners for recalling the witnesses examined by the Respondents was dismissed. It is stated in the Petition that there is negligence on the part of the Petitioners'

counsel. Then can a victim of a motor vehicle accident be made to suffer because of the negligence of the counsel for the owner or the driver? It is stated by the learned counsel for the Petitioners that he is ready to compensate the Claimant with appropriate cost for delay in the case. In the circumstances, order dated 31.03.2012 is set aside, subject to payment of costs of `20,000/- to Respondent No.2.

3. The Petition is allowed in above terms.

4. Pending Applications stands disposed of.

(G.P. MITTAL) JUDGE JULY 18, 2012 pst