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2025 DAILYLAW 73171 (ALL)

THE ORIENTAL INSURANCE COMPANY LIMITED v. SMT. JAYA TYAGI AND 5 OTHERS

WRIC/22056/2025 · 2025-07-13

Manish Kumar Nigam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:112108 Court No. - 9 Case :- WRIT - C No. - 22056 of 2025 Petitioner :- The Oriental Insurance Company Limited Respondent :- Smt. Jaya Tyagi And 5 Others Counsel for Petitioner :- Komal Mehrotra Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant writ petition has been filed for following relief: "1. Issue a writ, order or direction calling upon the records of the case and quash the judgment and order dated 07.05.2025 passed by Presiding Officer, Motor Accident Claims Tribunal, Ghaziabad in M.A.C.P. No. 91 of 2023, rejecting the application (paper no. 29-Ga) (Annexure No.1) to the petition. 2. Direct the Motor Accident claims Tribunal to issue notices to summon the owner and driver of the vehicle to appear for evidence." 3. This petition has been filed challenging the order dated 07.05.2025 by which an application filed by the Insurance Company, for summoning of the owner and driver of the vehicle as witnesses, has been rejected by the Tribunal. 4. Contention of the learned counsel for the petitioner is that the owner and driver of the vehicle are the most important witnesses with regard to the accident and the Tribunal has erroneously rejected the application. Tribunal has recorded a finding that notices were issued to the owner and driver of the vehicle and despite service, they had not contested the matter and the petition is proceeding ex parte against them and there is no purpose of summoning them again as a witness. 6. In my view, no illegality has been committed by the Tribunal in rejecting the application filed by the Insurance Company. 7. Petition lacks merit and is accordingly dismissed. Order Date :- 14.7.2025 Priya (Manish Kumar Nigam, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad