Allowed

Sanjay Kumar Meena v. Sajjansingh and Ors.

Rajasthan HC2 May 2018CW/5588/2018

Case brief

AI extract

What is this about?

The High Court allowed a writ petition quashing the Motor Accident Claims Tribunal's order rejecting an application to examine a medical jurist. The Tribunal was directed to summon the doctor independently in the claim case.

What did the court decide?

The MACT order dated 22.02.2018 rejecting the application to examine a medical jurist is quashed; the MACT is directed to summon the doctor.

Sanjay Kumar Meena Vs Sajjansingh and Ors. — Motor Accident Claims | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writs No. 5588/2018

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Sanjay Kumar Meena S/o Shri Mithalliram Meena, By Caste Meena, Aged About 31 Years, R/o Village Post Dorawali, Tehsil Todabheem, District Karauli (Rajasthan.)

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----Petitioner

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Versus

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Sajjansingh S/o Pyarelal, By Caste Nai, R/o Matasula, Tehsil Todabheem, District Karauli (Rajasthan.) (Driver Of Vehicle Ambulance No. Rj-14-Ip-1642)

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Mukesh Kumar Sharma S/o Ramesh Chandra Sharma, By Caste Brahman, R/o 48, Ramvihar Extension, Goner Road, Jaipur (Rajasthan.) (Owner Of Vehicle Ambulance No. Rj-14-Ip-1642)

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United India Insurance Company Limited Through Branch Manager, Branch Office, Near Railway Puliya, Jaipur Road Dausa District Dausa (Rajasthan.) (Insurance Company Of Vehicle Ambulance No. Rj-14-Ip-1642)

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----Respondents

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For Petitioner(s) : Mr. Buddhi Prakash Sharma For Respondent(s) : Mr. Amar Nath Pareek

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Judgment / Order

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02/05/2018

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Counsel appearing for insurance company submits that he has no objection if the order passed by the Motor Accident Claims Tribunal dated 22.02.2018 is set aside and directions are issued for calling of concerned Dr. C.L.Meena independently.

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The writ petition was preferred by the petitioner wherein he stated that an application was moved by him for calling of one of the independent Medical Jurist Dr. C.L.Meena. The said application

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(2 of 2)

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[CW-5588/2018]

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was rejected by the Tribunal by order dated 22.2.2018. The said Medical Jurist was required to prove permanent disability certificate dated 9.9.2017 wherein it is mentioned that claimant has sustained 80% permanent disability.

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Having heard learned counsel for the respective parties, this Court finds that Dr. C.L.Meena was required to be called independently and the MACT has rejected the application vide order dated 22.2.2018, which is quashed and set aside. The MACT is directed to summon Dr. C.L.Meena in claim case no.72/16 titled Sanay Kumar Vs. Sajjan Singh & Ors. and allow him to be examined.

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With aforesaid observations, the writ petition is allowed. This also disposes off S.B. Civil Misc. Stay Application No.4092/2018.

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(SANJEEV PRAKASH SHARMA),J

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Anu

Sanjay Kumar Meena v. Sajjansingh and Ors.

Case brief

What is this about?

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Sanjay Kumar Meena v. Sajjansingh and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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