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2009 Supreme(Raj) 758

MOHAMMAD RAFIQ
New India Assurance Co. Ltd. – Appellant
Versus
Asha Devi Garg – Respondent


Advocates Appeared
Vishnu Mehta with Rishipal Agrawal and R.D. Meena, for Petitioners;
S.M. Mehta, Sr. Advocate with N.N. Tiwari and Shobit Tiwari, for Respondents

Hon'ble RAFIQ, J.—These four writ petitions have been filed by the petitioner-New India Assurance Company Ltd. against the common order dated 15.7.2008 passed by the Motor Accident Claims Tribunal Jaipur dismissing its four applications filed for different purposes. First of these applications was filed under Order 14 Rule 5 CPC for amendment and/or for framing of additional issues. Second application was filed for summoning the record of the Regional Transport Authority. Third application was filed for amendment of the written-statement and fourth application was filed for a direction to proceed ex-parte against non-claimant No.1 Jai Gopal, who was driver of the offending vehicle.

2. Since all the four petitions were directed against the common order rejecting above referred to four applications, which were filed at the instance of the same petitioner, all these petitions were taken up together for hearing and are being now decided by this common order.

3. Factual matrix of the case is that on 27.3.1997, one Kishori Sharan Garg died in a road accident while driving a Maruti Esteem Car. The car driven by him collided with a truck on National Highway No.8 within the jurisdiction of Po




















































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