Dismissed
Iffco Tokio General Insurance Company v. Vivek Goyal and Ors.
Punjab & Haryana HCCR/5939/2010
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COURT OF PUNJAB AND HARYANA AT CHANDIGARH…
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COURT OF PUNJAB AND HARYANA AT CHANDIGARH…
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.R.No.5939 of 2010 (O&M)
Date of Decision : 15.9.2010
IFFCO-TOKIO General Insurance Company
....Petitioner
Versus
Vivek Goyal and others
...Respondents
CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
Present : Mr.Raghujeet Singh Madan, Advocate for the petitioner.
MAHESH GROVER, J.
This petition is directed against the order dated 7.9.2010 by which the petitioner's prayer to get the respondent-claimant reexamined from a Board of Doctors to assess his disability has been declined.
Learned counsel for the petitioner states that the handicapped certificate issued by the Member of the Handicapped Board, Fatehabad is fictitious and does not inspire confidence. He then states that the entire claim as set up by the claimant seeking compensation on account of the motor vehicular accident is fabricated and exaggerated.
I have heard the learned counsel for the petitioner and have perused the material on record.
The petitioner cannot legitimately ask for examination of
C.R.No.5939 of 2010 (O&M) -2-
the respondent-claimant afresh on the grounds which have been urged before this Court. In the eventuality of the petitioner doubting the correctness, validity and veracity of the certificate, it has a remedy to examine the doctors who medically examined the respondentclaimant to give such a certificate. The remedy to shatter the correctness of the certificate being with the respondent-claimant in alternate means the Court was right in declining the prayer of the petitioner.
No ground for interference in revisional jurisdiction has been made out. Consequently, the revision petition is dismissed.
15.9.2010 (MAHESH GROVER) JUDGE dss
IFFCO-TOKIO General Insurance Company
Vivek Goyal and others
Mahesh Grover
As recorded by the court registry
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