RELIANCE GENERAL INSURANCE CO. LTD. Vs. MANGALSINH

JUDGEMENT

(1.) Challenge in this petition is made by the Insurance Company to the order passed by the 8th Additional District Judge, Kachchh at Bhuj (as the Motor Accident Claims Tribunal) dated 01.08.2019 below Exh.54 in Motor Accident Claim Petition No. 40 of 2009. By the impugned order, the Tribunal has set aside the earlier order passed by the same Tribunal dated 17.10.2013 below Exh.30.

(2.) Mr. Raval, learned advocate for the petitioner - Insurance Company has submitted that, the claim petition was of the year 2009. The Insurance Company was party opponent in the said claim petition, as opponent No.3. It was the case of the Insurance Company that, as per their record, no insurance policy, as claimed by the Claimant was issued by it and that it (the Insurance Company) was unnecessarily joined as party opponent. For this reason, an application (Exh.30) was moved by the Insurance Company, which, after hearing the parties was allowed by the Tribunal vide impugned order dated 17.10.2013. It is submitted that the Insurance Company thus stood deleted as Party Opponent and consequently, cause title of the claim petition was amended on behalf of the claimant and the matter remained pending, as it is.

(3.) On the other hand, Mr. Pandya, learned advocate for the respondent - original claimant has vehemently opposed this petition. It is submitted that ultimate purpose of any claim petition is to enhance the social justice and in spirit, the Tribunal has not committed any error and any interference by this Court would ultimately result in miscarriage of justice, so far the claim is concerned. It is submitted that this petition be dismissed.