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Smt. Suman Lata Singh And Others v. Mact/A.D.J. Azamgar And Others - WRIT - C No. 77157 of 2005 [2005] RD-AH 7902 (20 December 2005)


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Court No. 52

Civil Misc. Writ Petition No.77157 of 2005

Suman Lata Singh & others


Motor Accident Claim Tribunal/Additional

District Judge, Court No. 4 and others

Hon'ble V.K. Shukla,J.

On 25.01.2005 Motor Accident Claim Tribunal while allowing the application  55 C-2 passed order to the effect fixing 09.02.2005 for evidence of opposite parties accordingly and also made categorical observation that after the evidence of the Insurance Company the claimants will be given opportunity to prove the salary of the deceased if she so desired. Thereafter petitioner moved an application on 28.10.2005 praying therein that opportunity be given for adducing further evidence/reopening their evidence. Said application has been rejected on the ground that no reasonable cause has been shown therein. At this juncture present writ petition has been filed.

Counsel for the petitioner contended that as per observation made by the Motor Accident Claim Tribunal liberty was given to laed the evidence qua quantum of salary, as such application moved on behalf of the petitioner in all eventuality ought to have been allowed and Motor Accident Claims Tribunal clearly has erred in law in rejecting and application on surmises and conjecture.

On behalf of Insurance Company it has been contended that application of the petitioner has been  rightly rejected as no reasons whatsoever had been assigned for reopening their evidence as such writ petition be dismissed.

After respective arguments have been advanced, undisputed position which is emerging is to the effect the Motor Accident Claims Tribunal while fixing 09.02.2005 had made categorical observation that after the evidence of the Insurance Company the claimants will be given opportunity to prove the salary of the deceased if she so desired. Claimant submits that only evidence which would be lead same would be evidence on quantum of salary. In view of this statement being made before this Court order dated 21.11.2005 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 4, Azamgarh is hereby quashed and set aside. Claimant is given liberty to lead the evidence qua quantum of salary of the deceased on the next date fixed.

With the above observations, present writ petition is allowed and disposed of.




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