M/S NEW INDIA ASSURANCE CO, LTD. v. SUMIT KUMAR & ORS.

Delhi High Court · 26 Aug 2009 · 2009:DHC:3489
J. R. Midha
CM (M) No.873/2009
2009:DHC:3489
civil petition_dismissed

AI Summary

The Delhi High Court dismissed the petition challenging the Tribunal's refusal to recall its order and grant another opportunity to lead evidence in a death claim case, emphasizing the importance of finality and proper exercise of discretion.

Full Text
Translation output
HIGH COURT OF DELHI
CM (M) No.873/2009
Date of Decision: 26th August, 2009 M/S NEW INDIA ASSURANCE CO, LTD. ..... Petitioner
Through : Mr. D.K. Sharma, Adv.
VERSUS
SUMIT KUMAR & ORS. ..... Respondents
Through : None.
CORAM :- THE HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT

1. Whether Reporters of Local papers may be allowed to see the Judgment?

2. To be referred to the Reporter or not?

3. Whether the judgment should be reported in the Digest? JUDGMENT (Oral)

1. The petitioner is aggrieved by an order dated 3rd August, 2009 whereby the learned Tribunal has declined to recall the order dated 18th May, 2009 seeking one more opportunity to lead evidence.

2. Noting that the claimant evidence was closed on 22nd February, 2008 and various opportunities were granted to the petitioner and the petitioner has already examined one witness R3W[1] and also that the case relates to the death of a woman in accident in 1996, no ground for interference is made out.

3. The petition is dismissed. 2009:DHC:3489

4. CM No.11924/2009 is also dismissed. J.R. MIDHA, J AUGUST 26, 2009 mk