ORIENTAL INSURANCE COMPANY LIMITED Vs. BALIBAI

JUDGEMENT

(1.) THE petitioner is challenging the rejection of the application to receive the written statement filed by the petitioner -company on the ground that same has been filed beyond 90 days. As a matter fact, this Court in, ILR 2004 KAR 3887 in the case of New India Assurance Co. Ltd. v. Smt. Basawa and Another has ruled that how Rule 252 and 254 of Motor Vehicles Act has to be considered by the Tribunal.

(2.) THE Supreme Court while interpreting Order 8 Rule 1 of CPC has stated that it is not mandatory, but it is directory. If the written statement is not filed within 90 days, if sufficient cause is shown by the defendant, the court is bound to receive the written statement in the ends of justice.