BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD Vs. LIKHANRAM

JUDGEMENT

(1.) HEARD on I.A. No. 597/2007 which is an application for exemption from filing certified copy of the order passed under Section 170 of the Motor Vehicle Act, 1988.

(2.) SHRI Sachin Singh Rajput, learned Counsel for the Appellant submitted that the Appellant-Insurer did file an application under Section-170 of the Motor Vehicle Act for permission to contest the claim on all grounds that are available to person against whom the claim are made but no order was passed thereon by the learned Motor Accident Claims Tribunal.

(3.) IT is being noticed that the Motor Accident Claims Tribunals are extremely casual in their approach while deciding the application under Section-170 of the Motor Vehicle Act. The learned Motor Accident Claims Tribunal should hasten to allow the application filed under Section 170 of Motor Vehicle Act, 1988 in a casual manner. In the present case, the application having been filed by the applicant under Section 170 of the Motor Vehicle Act, 1988, the learned Motor Accident Claims Tribunal ought to have decided the application in the above situation. The maxim "actus curiae neminem gravabit" comes into play in such a situation that no party could be forced to suffer for the inaction of the Court or its omission to act according to the procedure established by law.