Appeal against dismissal of a motor accident claim petition without notice to respondents or any enquiry. Both parties jointly sought remand. The High Court set aside the Tribunal's order and remanded the matter for fresh adjudication de novo.
Impugned order set aside; matter remanded to Tribunal for fresh adjudication de novo.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~26
versus
HDFC ERGO GEN INS CO LTD & ORS. .....Respondents Through: Ms. Niyati, Advocate for R-1
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
TARA VITASTA GANJU, J.: (Oral)
2.1 It is contended that on several dates thereafter including the period of the ensuing Covid, the matter was heard only on the preliminary issue framed by the Court. No Notice was issued to the Respondent on this date either. The learned Tribunal on 16.12.2021 gave a finding that the Claim
Signature Not Verified
Digitally Signed By:HONEY ARORA Signing Da te:1 9.04.2025 13:58:20
Page 1 of 2
MAC.APP. 259/2022
Petition should be listed in the category of “doubtful/suspicious”.
2.2 Learned Counsel appearing on behalf of the Appellant further submits that the fact that the accident did take place, cannot be said to be doubtful. The police enquiry has been held and there is a report of the Police Station, Karol Bagh, New Delhi in that behalf, and charge sheet was filed in the matter.
TARA VITASTA GANJU, J
APRIL 17, 2025/ g.joshi/jn
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Signature Not Verified Digitally Signed By:HONEY ARORA Signing Da te:1 9.04.2025 MAC.APP. 259/2022 13:58:20
Page 2 of 2
1 issue framed by the court
Whether the Tribunal erred in dismissing the claim petition without issuing notice and without conducting an enquiry as required by law.
1 provisions across 1 enactments
Anita & Ors.
HDFC ERGO GEN INS CO LTD & Ors.
Tara Vitasta Ganju
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
