Court No. - 18
Case :- WRIT - C No. - 24718 of 2018 Petitioner :- Sunil Kumar And Another Respondent :- Chandra Bhan Singh Counsel for Petitioner :- Hari Shanker,Sunil Kumar Singh
Hon'ble Mahesh Chandra Tripathi,J.
Supplementary affidavit filed today is taken on record.
Defendants-Petitioners are assailing the order dated 24.5.2018 passed by M.A.C.T./District Judge, Bhadohi Gyanpur in M.A.C.P. No. 44 of 2017 Chandra Bhan Vs. Dinesh. Further request has been made the court concern may decide the application dated 30.4.2018 as fresh.
Heard learned counsel for the petitioners.
Record in question reflects that M.A.C.P. No. 44 of 2017 had been preferred by plaintiff-respondent under Section 163-A of the Motor Vehicle Act claiming a sum of Rs. 8,81,760/- and for the said claim, he had submitted medical bills of the popular hospital, Varanasi. Against which, the defendants-petitioners have filed detailed objection on 30.4.2018 claiming medical bills are bogus and regarding verification of the papers of medical bills which has been rejected by the learned Sessions Judge/M.A.C.T., Bhadohi Gyanpur vide order dated 24.5.2018 on the ground that this is the duty of the court to examine paper itself. Hence, this writ petition.
In the facts and circumstances, without adverting on the merits of the case, this Court is of the considered opinion that once detailed written statement/objection has been filed which contains categorical mention regarding genuineness of the medical bills, it is always expected from the court concerned to proceed in accordance with law and as such, at this stage, no interference is required in the order impugned.
The writ petition is dismissed.
Order Date :- 30.7.2018 A.K.Srivastava