Dismissed
Manjit Kaur v. Oriental Insurance Co.
Punjab & Haryana HCFAO/2008/2010
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2010 1 IN THE HIGH COURT OF PUNJAB AND…
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2010 1 IN THE HIGH COURT OF PUNJAB AND…
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F.A.O.NO. 2008 OF 2010
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
F.A.O.NO. 2008 OF 2010 Date of decision:13th August, 2010
Manjit Kaur and others
.......Appellants
Versus
Oriental Insurance Company
........Respondent
BEFORE: HON'BLE MR. JUSTICE K.KANNAN
Present: Mr. Nandan Jindal, Advocate, for the appellants.
1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No
2. To be referred to the Reporters or not?Yes/No
3. Whether the judgment should be reported in the Digest? Yes/No
K.Kannan, J.(Oral)
The appeal is filed by the claimants against the dismissal of the award which was done on the basis that the claimants had not impleaded the owner and the insurer. Learned counsel pleads for remanding the matter to the Tribunal to enable the claimant to prosecute the case after impleading the correct parties. There is right now no period of limitation for filing cases before the Tribunal and if there shall be a delay in filing a petition regarding compensation against the owner and insurer, it can be duly explained by the fact that the claimants being illiterate did not know the intricacies of law, which they plead for now. Names of the owner and the insurer should be
2
F.A.O.NO. 2008 OF 2010
ascertained and the application is to be prosecuted only thereon. The applicants will have such a remedy by an independent petition and the prosecution of an earlier petition will not constitute a bar subject to these observations, granting the opportunity to the claimants to file an appropriate petition against the owner and the insurer of the vehicle which was involved in the accident, the appeal is dismissed.
[K.KANNAN] JUDGE
13th August, 2010 Shivani Kaushik
Manjit Kaur and others
Oriental Insurance Company
K Kannan
As recorded by the court registry
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