Court No. - 19
Case :- WRIT - C No. - 4991 of 2017 Petitioner :- Cholamandalam General Insurance Co. Ltd. Respondent :- M.A.C.T./District Judge Hapur And 3 Others Counsel for Petitioner :- Pranjal Mehrotra,Akhilesh Kumar Mishra Counsel for Respondent :- Mohan Srivastava
Hon'ble Saurabh Shyam Shamshery,J.
1. Heard learned counsel for the parties and perused the record.
2. Petitioner is assailing the impugned order dated 08.12.2016 passed by Respondent-1, Motor Accident Claims Tribunal/District Judge, Hapur, by which application 54Ga of petitioner has been rejected.
3. Learned counsel for the petitioner submitted that he has filed the said application for summoning the officer of New India Insurance Co. Ltd. as witness. He next submitted that insurance policy has been fraudulently obtained by the owner of vehicle in question by showing fake insurance policy no. 32150331140100007584, which was alleged to be issued by New India Insurance Company Ltd. He next submitted that the policy was never issued by New India Insurance Company Ltd., therefore, in the interest of justice, testimony of officer of New India Insurance Company Ltd. is required. His testimony would go to the root of the case and without considering this fact and with non speaking order, application 54Ga of the petitioner has been rejected by Respondent-1. He next submitted that the impugned order dated 08.12.2016 may be quashed and direction may be issued to record the testimony of concerned officer of New India Insurance Company Ltd.
4. Learned counsel appearing for Respondents-2 to 4 has not objected the prayer made by learned counsel for the petitioner and submitted that testimony of concerned officer of New India Insurance Company Ltd. may be recorded, but matter may be decided within a time bound manner.
5. I have considered the rival submissions made by learned counsel for the parties. Apart from concession given by Respondents-2 to 4, application 54Ga of petitioner is having substance as testimony of concerned officer of New India Insurance Company Ltd. would resolve the issue before the Tribunal.
6. Under such facts and circumstances, the impugned order dated 08.12.2016 passed by Respondent-1 is hereby quashed and writ petition is allowed. No order as to costs.
7. The Tribunal is directed to record the testimony of officer of New India Insurance Company Ltd. and make all endeavour to complete the proceeding within three months from the date of production of certified copy of this order.
Order Date :- 17.12.2021 AK