BACHIBEN Vs. SHANKARBHAI MANSINGBHAI RATHOD

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and award dtd. 8/6/2018 passed by Motor Accident Claims Tribunal (Aux), Dahod, in Motor Accident Claims Petition No.299 of 2013 primarily on the ground that learned Tribunal has wrongly excluded interest for the period from 10/7/2014 to 30/4/2018.

(2.) Mr.Bhalodi, learned advocate for the appellants has placed reliance on decision in the case of Oriental Insurance Company Limited v. Aminaben Rahimbhai Kadiwala and others reported in 2001 (2) GLR 1108 to contend that the insurance company cannot contend before the Tribunal that no interest would be payable to the claimants for the period during which the insurance company was not impleaded. While drawing the attention of this Court, Mr.Bhalodi submitted that actually it is not the insurance company, who had pleaded any such defence but the Tribunal on its own by an administrative order dtd. 10/7/2014 had curtailed right of the claimants and, by such order the Tribunal has closed the right till the stage of adducing evidence.

(3.) Mr.Meena, learned advocate for the insurance company submitted that such administrative orders are passed only on the basis of judicial observations made by learned Principal District Judge, while conducting Motor Accident Claim Petitions, where concerned lawyers have not remained vigilant to prosecute the matters and it has increased the burden of the insurance company of paying interest.