LAWS(GJH)-2014-8-51

ORIENTAL INSURANCE COMPANY LTD Vs. RANJANBEN RAMESHBHAI PANCHAL

Decided On August 12, 2014
ORIENTAL INSURANCE COMPANY LTD Appellant
V/S
Ranjanben Rameshbhai Panchal Respondents

JUDGEMENT

(1.) HEARD learned advocate Mr. Maulik J. Shelat for the appellant. Learned advocate invited the attention of this Court to the order passed by this Court (Coram: M.D. Shah, J.) dated 21st October 2013 in First Appeal No. 3130 of 2013. Hence, the following order:

(2.) THE appellant Insurance Company has challenged the order dated 5 th August 2013 passed by the Hon'ble Motor Accident Claims Tribunal (Auxiliary), Vadodara below Exh.7 in Motor Accident Claim Petitions No.930 of 2003, 931 of 2003 and 932 of 2003.

(3.) CONSIDERING the submission of learned advocate for the appellant herein, in the opinion of this Court, direction is given to the learned Tribunal not to treat the impugned orders passed by the learned Tribunal below application under Sec.140 as constructive resjudicata, nor will it come in way in any manner while treating applications filed under Section 140 of the Act as main claim petitions filed under Sec.166 of the Act, then it will meet the ends of justice.