High Court of Punjab and Haryana, Chandigarh
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National Insurance Company Limited. v. Baljit Singh & Ors - FAO-4782-2006  RD-P&H 10299 (10 November 2006)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DATE OF DECISION: 19.10.2006
National Insurance Company Limited.
Baljit Singh and others
CORAM:- Hon'ble Mr. Justice Uma Nath Singh.
Hon'ble Mr.Justice Mahesh Grover.
Present: Mr.Kamal Sehgal, Advocate,
for the appellant.
UMA NATH SINGH, J. (ORAL)
In this appeal by the insurer against an award dated 2.6.2006 passed by learned Presiding Officer, Motor Accident Claims Tribunal, Sonepat, in MACT Case No. 75 of 2004, learned counsel for the appellant made two fold submissions. His first contention is that the deceased was not an employee of the owner of the vehicle as such an averment has appeared in the pleadings and the examination-in-chief of RW1 being respondent No.1 (driver of the vehicle). However, admittedly, in the cross- examination, the same respondent has admitted that the deceased was employed as a Cleaner on the truck (being HR-46-9637). That being the position, the submission of learned counsel would not be tenable. The second submission of learned counsel is that though the claim petition was initially filed under Section 166 of the Motor Vehicles Act, 1988 (for short `the Act') but it was subsequently converted into one under Section 163-A FAO No.4782 of 2006 2
of the Act. It is worth mentioning that the said conversion was by a judicial order and that order was not questioned in the higher forum. Accordingly, we do not find any merit in both the submissions of learned counsel.
The FAO is dismissed as such in limine.
( UMA NATH SINGH )
October 19, 2006 ( MAHESH GROVER )
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