Court No. - 21 Case :- WRIT - C No. - 3908 of 2010 Petitioner :- Smt. Anju Verma Respondent :- Mohd. Daud & Ors. Petitioner Counsel :- J.P.S. Chauhan Hon'ble V.K. Shukla,J.
Present writ petition has been filed questioning the validity of
the order dated 4.11.2009 wherein Motor Accident Claim
Tribunal has proceeded to accept on record application
alongwith documentary evidence, which have been filed by the
Insurance Company to show and substantiate that cheque, which
had been given by petitioner-owner of the Jeep, same had been
dishonoured and as such relevant policy has been cancelled and
necessary information had been sent and as such said document
be accepted and taken on record. Said application has been
allowed and document has been kept on record with opportunity
to petitioner to file rebuttal and evidence to the same. At this
juncture present writ petition has been filed.
J.P.S. Chauhan, Advocate, Learned Counsel for the petitioner
contented with vehemence that at such belated stage, such order
could not have been passed and as such order impugned is liable
to be quashed.
In the present case owner of the vehicle has been claiming that
vehicle was insured and Insurance Company has moved an
application mentioning therein that relevant cheque, which was
given by the petitioner, same has been dishonoured and policy
had been cancelled and necessary information was given to
owner of the vehicle, qua the said document directives have
been given to take on record and opportunity has been given to
the petitioner to file rebuttal and evidence. Once document in
question has been directed to be taken on record and interest of
the petitioner has been fully protected by providing opportunity
to file rebuttal, then no prejudice has been caused to her, as such
this court refuses to interfere with the same at this stage.
Consequently, present writ petition is dismissed.
Order Date :- 28.1.2010
T.S.
