NATIONAL INSURANCE CO LTD Vs. FARUK AHMED

JUDGEMENT

(1.) Mr. Dakshesh Mehta, learned advocate for the appellant submits that the challenge is given by the Insurance Company to the order passed under Sec. 140 of the M.V. Act in MACP No. 503 of 2018 filed under Sec. 166 of the M.V. Act, 1988 before the MACT (Aux) Rajkot claiming compensation of Rs.12,00,000.00 under the ground that the deceased worked as cleaner of Truck No. GJ-18-T-1205, and on 23/9/2002, he was on duty and the Truck dashed with Car bearing Number GJ-15-X-8046 and as a result, he sustained serious injuries and succumbed to death. Mr. Mehta submitted that the Hon'ble Tribunal ought to have considered that the claim petition was filed only after a period of 16 years and on 26/4/2018 without any explanation for the inaction for 16 years, which itself creates suspicion. Mr. Mehta referred to the judgment of the Hon'ble Supreme Court in case of M/s. Purohit and Company v. Khatoonbee and Another , passed in Civil Appeal No. 2555 of 2017 decided on 25/1/2010 to submit that though the limitation has been done away of by the amendment, however, every claim petition ought to have been filed within a reasonable time so as to inspire confidence and to consider it to be genuine claim.

(2.) It appears from the order of the Auxiliary Tribunal that the said judgment and award in case of M/s. Purohit and Company (Supra) was placed for consideration and placing reliance on the case of New India Assurance Co. Ltd. V. Kalabhai Maganbhai Koli passed in Civil First Appeal No. 2103 of 2005 decided by this Hon'ble High Court on 17/11/2014, the learned Tribunal had allowed the Application Exh-7 and ordered Insurance Company to pay Rs.50,000.00 to the claimant as interim compensation.

(3.) It appears from the order that certain observation has been made by the learned Tribunal for considering the Application under Sec. 140 of the M.V. Act. This Court had admitted the matter on 4/9/2019 and had also passed ad-interim stay, however, the Insurance Company was directed to deposit the interim compensation money, which, as reported by Mr. Mehta for the Insurance Company has complied with the order and the amount has been deposited before the learned Tribunal concerned.