The Full Bench of Allahabad High Court in The National Insurance Comp Ltd. Nawal Kishore Road Lko vs. Pushpa Devi, has held that the Motor Accident Claims Tribunal (MACT) has the discretion to permit examination-in-chief, but cross-examination and re-examination were not permissible on affidavit. The Bench headed by Chief Justice Dilip B Bhosale held that defendants can raise objection to examination-in-chief in affidavit and in the absence of any objection before the tribunal in this regard, no challenge to its award would be permissible in an appeal filed under Section 173 of the Motor Vehicles Act, 1988, before the high court.
Article referred: http://www.livelaw.in/mact-can-permit-chief-examination-on-affidavit-allahabad-hc-fb/
Article referred: http://www.livelaw.in/mact-can-permit-chief-examination-on-affidavit-allahabad-hc-fb/
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