Delhi High Court
National Insurance Company Ltd. vs Hemant Kochar & Ors. on 23 January, 2013
Author: Suresh Kait
$~30 to $~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 23rd January, 2013
+ CM(M) 95/2013
NATIONAL INSURANCE COMPANY LTD. ..... Petitioner
Through: Ms. Shantha Devi Raman, Adv.
versus
HEMANT KOCHAR & ORS. ..... Respondents
Through: NEMO.
AND
+ CM(M) 96/2013
NATIONAL INSURANCE COMPANY LTD. ..... Petitioner
Through: Ms. Shantha Devi Raman, Adv.
Versus
SHASHI CHANDEL & ORS. ..... Respondents
Through: NEMO.
AND
+ CM(M) 97/2013
NATIONAL INSURANCE COMPANY LTD. ..... Petitioner
Through: Ms. Shantha Devi Raman, Adv.
versus
KALPANA & ORS. ..... Respondents
Through: NEMO.
AND
+ CM(M) 98/2013
NATIONAL INSURANCE COMPANY LTD. ..... Petitioner
Through: Ms. Shantha Devi Raman, Adv.
versus
CM(M) 95/2013to CM(M) 100/2013 Page 1 of 5
PRABHATI DEVI & ORS. ..... Respondents
Through: NEMO
AND
+ CM(M) 99/2013
NATIONAL INSURANCE COMPANY LTD. ..... Petitioner
Through: Ms. Shantha Devi Raman, Adv.
Versus
PREETI MEHRA & ORS. ..... Respondents
Through: NEMO
AND
+ CM(M) 100/2013
NATIONAL INSURANCE COMPANY LTD. ..... Petitioner
Through: Ms. Shantha Devi Raman, Adv.
versus
DEVINDER SINGH & ORS. ..... Respondents
Through: NEMO.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
CM. NO. 1290/2013 (Exemption) in CM(M) 95/2013
CM. NO. 1292/2013 (Exemption) in CM(M) 96/2013
CM. NO. 1294/2013 (Exemption) in CM(M) 97/2013
CM. NO. 1296/2013 (Exemption) in CM(M) 98/2013
CM. NO. 1298/2013 (Exemption) in CM(M) 99/2013
CM. NO. 1300/2013 (Exemption) in CM(M) 100/2013
Exemption allowed subject to all just exceptions.
CMs disposed of.
+ CM(M) 95/2013
+ CM(M) 96/2013
+ CM(M) 97/2013
+ CM(M) 98/2013
+ CM(M) 99/2013
+ CM(M) 100/2013
1. In all the petitions, petitioner / Insurance Company is praying to quash
and set aside the impugned order dated 06.12.2012 passed, in MACT Case /
Suit No. 237/2010 titled as Hemant Kochar v. Jagjit Singh & Ors. and other
connected suits, by the ld. Tribunal, Saket Courts, Delhi.
2. Further seeking the direction to consolidate all the 12 cases mentioned
in Para 14 of the petition, arising out of FIR 24/2010 dated 22.02.2010 for
the purpose of evidence.
3. On perusal of the impugned order dated 06.12.2012, it is revealed that
ld. Tribunal has observed as under:
"It is observed that the matter is pending since 2010 and has
been instituted on DAR. Consequently, the petition through
different counsels have filed their separate petitions, it be
observed that the proceedings in all the cases are at different
stage as in this case, the evidence has already been concluded
and no other witness remains to be examined, in such a
circumstances, the consolidation of all the matters is likely to
delay the award in the proceedings which has otherwise been
opposed by the Counsels appearing for the other parties.
Accordingly, I do not find any justification for the consolidation
of all the matters and the request of ld. Counsel for the
Insurance C., though is declined, however, in order to avoid
unnecessary delay, the certified copies of Statement of R3W1
Sh. Manoj Gupta, Asstt. Manager, recorded in the Kalpana,
Prabhati, Devender and Preeti V/s Balwant Kumar, may be
placed as prayed while hearing the final arguments for the
consideration.
The matter be listed on 24.01.2013 for final arguments. Written
submissions, if any, be filed by the counsels for the parties one
week period to the date above."
4. I heard ld. Counsel for the petitioner.
5. Though, I do not find any discrepancy in the order passed by the ld.
Tribunal, however, leading evidence of ARTO in all the cases separately and
individually, would be repetition as some of the cases are listed on
21.03.2013 for respondent evidence.
6. If I allow these petitions, no doubt, it will cause delay and wastage of
time, however, the direction sought by the petitioners is required just to
avoid the repetitions and contradictions.
7. In view of the above, order dated 06.12.2012 is set aside.
Consequently ld. Tribunal is directed to record the evidence of respondent
(petitioner herein) in one of the instant case and the same evidence would be
placed on record in all the other matters and that shall be read as part and
parcel of the judicial proceedings.
8. I am conscious, other matters are listed on 21.03.2013 for respondent
evidence and the instant petitions are listed on 24.01.2013 for arguments.
9. Therefore, I leave it to the ld. Tribunal to list all the matters which are
coming up on 24.01.2013 for 21.03.2013 or any convenient date for
respondent evidence, so that all the counsels may cross-examine, if required,
on the said date.
10. Accordingly, I direct the petitioners to conclude their evidence on two
dates as per the convenience of the ld. Tribunal.
11. I here make it clear that this court has mentioned Suit no.237/2010, as
above, however this order would be applicable in all the suit pending before
ld. Tribunal arising out of FIR no. 24/2010.
12. In view of the above, instant petitions are disposed of.
13. Dasti, under the signature of Court Master.
CM. NO. 1289/2013 (Stay) in CM(M) 95/2013
CM. NO. 1291/2013 (Stay) in CM(M) 96/2013
CM. NO. 1293/2013 (Stay) in CM(M) 97/2013
CM. NO. 1295/2013 (Stay) in CM(M) 98/2013
CM. NO. 1297/2013 (Stay) in CM(M) 99/2013
CM. NO. 1299/2013 (Stay) in CM(M) 100/2013
In view of the above, instant applications also become infructuous and
disposed of as such.
SURESH KAIT, J.
JANUARY 23, 2013
jg
