ORIENTAL INSURANCE CO LTD Vs. RANA DEVABHAI KOLI

JUDGEMENT

(1.) PRESENT petitioner was the original opponent No. 3, Oriental Insurance Co. Ltd., which has preferred th s revision application under section 115 of the Civil Procedure Code against the order passed by Motor Accidents Claims Tribunal (Aux.), Jamnagar. in Claim Execution Application No. 366 of 1998 on 16.4.2001. 1.1 The opponent No. 1 Rana Devabhai Koli is the original claimant, who met with an accident while travelling on tractor No. GJ 11-8745 with trailer No. GJ 11-5057 on 8.4.1993. A claim petition for compensation under Motor Vehicles Act being Claim Petition No. 338 of 1993 was preferred against the present opponent Nos. 2 and 3 as well as Tata Chemicals Limited and one Pratap & Company and one unknown insurance company was also impleaded. Present petitioner was the original opponent No. 6 in the claim petition which filed its written statement vide Exh. 27 denying all the allegations and averments including the contentions that the claimant failed to give name of the insurance company of the tractor and, therefore, there was no relation with the claim filed before the Tribunal. The policy issued by opponent No. 6, the present petitioner, was issued to Pratap & Company (original opponent No. 4) under the Workmen's Compensation Act and, therefore, it was contended that only the Labour Court, Jamnagar can exercise its jurisdiction under Workmen's Compensation Act and with no details available from present opponent Nos. 2 and 3, owner and driver of the tractor, with regard to insurance company after ownership of vehicle changed hands, it had denied its responsibility. Admittedly, present petitioner was impleaded in the capacity of its relation with Pratap & Company and there was no whisper with regard to its connection with the present opponent Nos. 2 and 3.

(2.) THE judgment and award was passed in impugned M.A.C.P. for the sum of Rs.1,19,70" with proportionate costs and interest at 12 per cent against opponent Nos. 2 and 3 herein. However, the claim Qua the present petitioner, Pratap & Co. as well as Tata Chemicals, was dismissed.

(3.) THE petitioner in its written objection, Exh. 19. had fervently objected to this joining and also had averred that the judgment and award being against only opponent Nos. 2 and 3, the claim qua the present petitioner cannot survive. It was also averred that execution court would not have jurisdiction to go beyond the decree/award. However, disallowing the said objections, the present petitioner was directed to deposit the decretal amount within 60 days from the date of order and being aggrieved by the impugned order of the Tribunal, the present petition is moved with the various grounds enumerated in the petition.