Remanded

Harbans Singh and Anr. v. Dalbir Kaur and Anr.

Punjab & Haryana HC18 Sept 2019FAO/1487/2018

Case brief

AI extract

What is this about?

Pending F.A.O. No. 1487 of 2018, the High Court set aside the impugned award of the Motor Accident Claims Tribunal, Amritsar, and remanded the case to that Tribunal to allow claimants to implead the Insurance Company.

What did the court decide?

Impugned award set aside; case remanded to Motor Accident Claims Tribunal, Amritsar to allow impleadment of Insurance Company and decide afresh.

Harbans Singh and Anr. Vs Dalbir Kaur and Anr. — Motor Accident Claims | Punjab & Haryana HC (2019)

¶1

¶2

F.A.O. No. 1487 of 2018

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

F.A.O. No. 1487 of 2018 DATE OF DECISION :- September 18, 2019

¶5

Harbans Singh and another ...Appellants

¶6

Versus

¶7

Dalbir Kaur and another ...Respondents

¶8

CORAM: HON'BLE MR. JUSTICE H.S. MADAAN

¶9

Present :- Mr. Vivek Salathia, Advocate for the appellants.

¶10

Mr. Upender Prashar, Advocate for respondent No. 1. Mr. Gopal Mittal, Advocate for respondent No. 2.

¶11

¶12

Learned counsel for respondent No. 2-Insurance Company states that as per intimation received by him from the Insurance Company the insurance policy, copy of which was supplied to him by learned counsel for the appellants is genuine. Learned counsel for the parties have agreed that since the Insurance Company was not impleaded as a party by the claimants in the claim petition filed before Motor Accident Claims Tribunal, Amritsar, the case be remanded to such Tribunal for fresh decision allowing the claimants to implead the Insurance Company as respondent. Therefore, the impugned Award dated 1.12.2017 passed by Motor Accident Claims Tribunal, Amritsar is set aside and case is remanded to such Tribunal with a direction to allow the claimants to implead United India Insurance Company Limited, Branch Office at Amritsar as respondent No. 3 in the claim petition

¶13

PARVINDER SINGH 2019.09.20 16:26 I attest to the accuracy and integrity of this document Chandigarh

¶14

F.A.O. No. 1487 of 2018

¶15

¶16

and then such Insurance Company would be afforded reasonable opportunity to file written reply. Thereafter on framing of additional issues, if need be and allowing the parties reasonable opportunities to lead evidence, the claim petition be decided afresh giving issue wise findings.

¶17

The Tribunal would make earnest efforts to dispose of the case expeditiously preferably within a period of six months from the date of receipt of order in that Tribunal. The parties through their counsel are directed to appear before Motor Accident Claims Tribunal, Amritsar or successor Tribunal on 17.10.2019.

¶18

The revision petition stands disposed of accordingly.

¶19

(H.S. MADAAN) JUDGE

¶20

September 18, 2019 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No

¶21

PARVINDER SINGH 2019.09.20 16:26 I attest to the accuracy and integrity of this document Chandigarh

Harbans Singh and Anr. v. Dalbir Kaur and Anr.

Case brief

What is this about?

What did the court decide?

Harbans Singh and Anr. v. Dalbir Kaur and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ishwar Chand etc. Vs State of Hy.Etc.

Preeti and Ors. Vs State of Punjab and Anr.

Bharpur Singh Vs State of Punjab and Ors.

Mohinder Singh Vs Shahnawaj Alam and Ors.

Sarabjit Kaur Vs Shahnawaj Alam and Ors.

Karamjit Kaur Vs Gurmukh Singh