New Kundu Cooperative Transport Society v. Krishna Devi etc.
Motor Accident Claims – Owner's appeal (FAO)
Case brief
What is this about?
Punjab & Haryana High Court, Chandigarh; FAO-824-1999 (O&M); decided 06.11.2025 by Justice Deepak Gupta (oral). Owner's appeal against MACT Kaithal award dated 05.11.1998 challenging exoneration of the Insurance Company where driver's licence (Ex.R-1) was found fake though renewal genuine. Additional-evidence application dismissed 10.10.1998 and not appealed; due-care plea not in written statement; plea barred as first-time plea in appeal; matter covered by FAO-737-1999 (Jagir Kaur, order dated 29.10.2025) referring to United India Insurance v. Sujata Arora, 2013 (3) TAC 29. Appeal dismissed; appellant represented by Ashit Malik; respondent No.8-Insurance Company by Gopal Mi6al.
What did the court decide?
Since the Tribunal's order dated 10.10.1998 dismissing the application for additional evidence was never assailed, and the plea that the owner employed the driver after taking due precautions was not raised in the written statement, the appellant cannot be permitted to raise that plea for the first time before this Court.