ORIENTAL INSURANCE COMPANY LIMITED Vs. SUSHILABEN MANUBHAI VALAND

JUDGEMENT

(1.) These two appeals arising out of same accident involving similar questions of law and facts are proposed to be disposed of by common judgment.

(2.) The Motor Accident Claim Tribunal, Nadiad in its interim award dated 3rd May, 1997 awarded compensation of Rs. 5.38.068/- together with interest at the rate of 12% per annum from the date of application till the date of payment with proportionate cost. This award was rendered under Sec. 163-A of the Motor Vehicles Act. It is this award which is under challenge in these two appeals.

(3.) We have heard Shri R. H. Mehta and Shri K. K. Nair, learned Counsel for the appellants. We also heard the above Advocates representing the appellant on the last date of hearing and we were going to dictate the judgment, when Shri B. S. Patel appeared and requested that he wants to show some judgments of the Apex Court to the contrary. Today, we have waited for Shri B. S. Patel right from 11.00 A.M. to till 4.10 P.M. and in the meantime, twice or thrice request was made for keeping back these two appeals. We have given sufficient accommodation today in this part-heard matters. Till now even upto 4.10 p.m., Shri B. S. Patel has not appeared nor there is any information conveyed to this Court as to whether he is busy in some other Court or he has gone. In these circumstances, we are left with no option but to hear the arguments of Shri R. H. Mehta and Shri K. K. Nair for the appellants.