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 Vehicles Claim 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 and 3 herein. However, the claim qua the present petitioner, Pratap & Company 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 opponents 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, 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.