IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
CR No.3998 of 2007 (O&M)
Date of decision: November 26, 2009.
United India Insurance Co. Ltd.
...Petitioner(s)
v.
Jaibir singh 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.5,050/- has
been awarded to the respondent-claimant for the injuries caused to the
‘khachar’ and the damage caused to his rehri 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