2013 Supreme(Raj) 1996
MOHAMMAD RAFIQ
National Insurance Company Limited – Appellant
Versus
Judge, MACT, Jaipur District Jaipur – Respondent
Advocates:
For the Petitioner:Rizwan Ahmed, Advocate.
JUDGMENT
1. - This writ petition is directed against the order dated 16/07/2013 passed by Motor Accident Claims Tribunal, Jaipur District Jaipur, who has rejected the application of the petitioner-National Insurance Company Limited to summon the investigation officer.
2. The argument advanced by the petitioner is that vehicle though has been surrendered by Farman Ali claiming to be its owner and notice under Section 133 of the Motor Vehicles Act, 1988 has also been issued by the investigation officer but it was done with the collusion of the investigation officer to show involvement of the insurer of the vehicle, whereas in fact, some other vehicle appears to have been involved. The Power of Attorney Ann.3 is said to be executed by Jagdish Prasad Sharma in favour of Farman Ali on 2/4/2013. Learned counsel for the petitioner argued that owner Jagdish Prasad Sharma - respondent No.7 in fact handed over the vehicle to Farman Ali - respondent No.6 on 9/5/2010. Farman Ali handed over the vehicle in the police station on 27/5/2010. The first information report was lodged with the delay of two days therefore investigation officer should have been called in evidence.
3. Admittedly, the vehic
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