ORIENTAL INSURANCE CO LTD Vs. RANA DEVABHAI KOLI

JUDGEMENT

(1.) PRESENT petitioner was the original opponent No. 3, Oriental Insurance Company, which has preferred this Revision Application under Section 115 of the Civil Procedure Code against the order passed by the Motor Vehicle Claims Tribunal (Aux.), Jamnagar in Claim Execution Application No. 366 of 1998 on 16.4.2001.

(2.) THE judgment and award was passed in impugned MACP for the sum of Rs. 1,19,700 with proportionate cost and interest at 12% against opponent Nos. 2, 3 herein. However, the claim qua the present petitioner, Pratap and Company as well as Tata Chemicals was dismissed.

(3.) PURSUANT to the said judgment and award, the execution petition being 366 of 1998 was preferred before the Tribunal against the present opponent Nos. 2, 3,wherein for the first time on 25.6.2000 opponent No. 3 contended inter alia that the vehicle in question was insured with the present petitioner i.e. Original Insurance Company. Accordingly, the present petitioner was issued notice and was joined as opponent No. 3 in the said execution petition.