NEW INDIA ASSURANCE COMPANY LIMITED Vs. PRAVIN

JUDGEMENT

(1.) The arguments in this appeal were heard on 24-9-1998 and the order was kept C.A.V. While dictating the order, this Court found that the appeal is barred by six days. This delay in filing of the appeal is not condoned. There are many office objections pointed out by the registry of this Court and those have also not been removed. On the memo of appeal, the appellant has not paid proper and full Court fees also. No application for condonation of delay has been filed. After noticing all these facts, the matter was kept for rehearing on 2 9/09/1998. On 29/09/1998, the matter was adjourned to 6/10/1998 on the request of Counsel for the appellant. Though the adjournment has been sought by the Counsel for the appellant on 29/09/1998 but till date. the office objections have not been removed.

(2.) This appeal is filed by the appellant. New India Assurance Co. Ltd.. against the order dated 20-10-1997 of M.A.C. Tribunal (Aux. II), Surendranagar below Ex. 5 in M.A.C.P. No. 288 of 1997. Under this order, the appellant and owner and driver of the offending vehicle were directed to deposit jointly and severally Rs. 50,000/- with running interest at the rate of 15% from the date of application till realisation within one month from the dale of order, it is further ordered that on such amount being deposited, the same be paid to the applicants-claimants equally by an Account Payee Cheque. It is not in dispute that this order has been passed under Sec. 140 of the Motor Vehicles Act, 1988 on the principle of 'no fault liability'.

(3.) In this State. I find that invariably all the orders passed by the Motor Accident Claims Tribunal under Sec. 140 of the M. V. Act, 1988 are being challenged by the Insurance Company by filing appeals before this Court. This approach of the insurance company is not only erroneous but it is an attempt on its part and more so by the State. Agency or Instrumentality of the State within the meaning of Art. 12 of the Constitution to defeat the very object and purpose of the benevolent and beneficial provision as framed by the legislature.