Oriental Insurance Company vs Umesh Juneja And Another on 10 September, 2009

       IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                          Civil Revision No.1027 of2008 (O&M)
                          Date of Decision 10.09.2009

Oriental Insurance Company
                                                    ...... Petitioner

                          VERSUS

Umesh Juneja and another
                                                    ......Respondents

CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL

Present:     Mr.Mrigank Sharma, Advocate, for the petitioner.

             Mr.Lokesh Sinhal, Advocate, for respondent No.1.

                          *****

A.N.JINDAL, J(ORAL):

This petition is directed against the order dated 17.05.2007,
passed by Permanent Lok Adalat, (Public Utility Services), Gurgaon
directing the petitioner-respondent (herein referred as ‘the petitioner’) to pay
Rs.1,40,000/- minus contractual deductions on account of accident to
respondent No.1-applicant Umesh Juneja (herein referred as ‘respondent
No.1’).

After hearing learned counsel for the parties, it appears that
Permanent Lok Adalat (Public Utility Services), Gurgaon did not examine
the issues properly and also did not provide opportunity to both the parties
to lead evidence. As such, the impugned order needs to be reversed.

Resultantly, this petition is accepted and the impugned order is
set aside. The Trial Court is directed to proceed in accordance with law and
dispose of the case after providing opportunity to lead evidence in the
manner as provided under the Act. However, it has been informed that 50%
of the award amount has already been released to respondent No.1,
therefore, this order will not affect the amount already released.

(A.N.Jindal)
Judge
10.09.2009
mamta-II