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Judgment
G.P. Mittal, J.—This claim petition was instituted before the Claims Tribunal on 25.05.2011. Before that in pursuance of the detailed accident report, the matter was taken up by the Claims Tribunal on 23.03.2011. A copy of the driving licence was handed over to the counsel for the Oriental Insurance Company Ltd., who sought time to verify the same. By an order dated 02.09.2011, the Tribunal observed that the verification report in respect of the driving licence has not been filed by the Insurance Company in terms of the directions of this Court in Rajesh Tyagi V Jaiveer Singh in FAO No. 842/2003. The Appellant insurance company was burdened with cost of Rs. 5,000/- and was granted time to verify the driving licence by 27.09.2011.
On 27.09.2011, the Claims Tribunal struck out the Appellant defence as written statement was not filed and the driving licence had not been verified.
As per provision of Order VIII Rule 1, the Respondent insurance company was to file written statement within 30 days, which period of 30 days could be extended to 90 days or even further in an appropriate cases. R.N. Jadi and Brothers and Others Vs. Subhashchandra, , Kailash Vs. Nanhku and Others, and Salem Advocate Bar Association, Tamil Nadu Vs. Union of India (UOI), . It is alleged by the Appellant insurance company that the driving licence along with a letter of request from the Delhi regional office was sent to Gorakhpur regional office for verification of the driving licence. However, the report could not be received and because of that reason, the driving licence could not be verified. The Appellant, therefore, could not file the written statement. The Appellant should have been more vigilant to get the report urgently. However, in the interest of justice, one more opportunity is granted to the insurance company to verify the driving licence and file the written statement, subject to further cost of Rs. 5,000/- to be payable to the Respondents No. 1 to 3 on or before the date fixed before the Tribunal i.e. 15.02.2012.
The Petition is disposed of in above terms.