National Insurance Company Ltd vs Babu Ram & Ors
2012 Latest Caselaw 3404 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                           Date of decision:21st May, 2012

+       CM(M) 427/2012

        NATIONAL INSURANCE COMPANY LTD ..... Petitioner
                     Through: Mr. Manoj R. Sinha, Advocate

                     versus

        BABU RAM & ORS                                ..... Respondents
                     Through:              Mr.A.K.Pandey, Advocate for
                                           R-5.
        CORAM:
        HON'BLE MR. JUSTICE G.P.MITTAL

                              JUDGMENT

G. P. MITTAL, J. (ORAL)

1. By this this Petition under Article 227 of Constitution of India, the Appellant impugns an order dated 25.01.2012 whereby an application moved by the Appellant for granting him an opportunity to lead evidence, was dismissed.

2. It is an admitted case of the parties that the case was fixed for the evidence of the Appellant (Insurance Company on 20.10.2011). A witness Dinesh Pratap Singh, LDC from Mainpuri Licencing Authority was present, he was discharged and the case was fixed for Respondent's evidence on 13.01.2012.

3. I would not go into the issue whether the Reader of the Court was entitled to fix the case for Respondent's evidence on the next date or only for proper orders, suffice it to say that on 13.01.2012 the

Appellant's counsel could not appear; an explanation was given by moving an application that the counsel could not attend the case due to misplacing the case file. This explanation given by the counsel for the Appellant was rejected without any justifiable reason.

4. The impugned order cannot be sustained. The same is accordingly set aside with directions to the Claims Tribunal to grant an opportunity to the Appellant to lead evidence.

5. The next date of hearing before the Claims Tribunal is stated to be 05.06.2012. The parties are directed to appear before the Claims Tribunal on the date fixed.

6. A copy of the order be sent to the Trial Court through Special Messenger, Dasti also.

(G.P. MITTAL) JUDGE MAY 21, 2012 mr