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Judgment
M.L. Singhal, J.—Learned Counsel says that driver and the owner of the alleged offending vehicle are in collusion with the claimants and, therefore, the cross-examination conducted by them on the witnesses of the claimants is lukewarm and they have not subjected them to any scathing and searching cross-examination. If that is so, M/s New India Assurance Company insurer of the offending vehicle should have an independent right to cross-examine the witnesses of the claimants and further to lead evidence to show that the driver was not negligent. Learned Counsel says that even otherwise also M/s New India Assurance Company has independent right to cross-examine the witnesses of the claimants as per Clause 4 of the Insurance Policy, which read as follows:
The company may at its own option (A) arrange for representation at any Inquest or fatal Inquiry in respect of any death which may be xxxxx the subject of indemnity under this Section and (B) undertake the defence of proceedings in any Court or of Law in respect of any act or alleged offence causing or relating to any event which may be the subject of indemnify under this Section.
This revision is allowed and the Petitioner M/S New India Assurance Company is permitted to cross-examine the witnesses of the claimants and also lead its evidence.
Copy of this order be given dasti.