NATIONAL INSURANCE COMPANY LIMITED Vs. ASHOK BHIMSHA BANSODE

JUDGEMENT

(1.) Heard leaned counsel for the parties.

(2.) The order under challenge is passed by the Member, Motor Accident Claims Tribunal, Solapur dtd. 11/10/2018 rejecting the Application Exhibit 16 made by the Petitioner Insurance Company for setting aside ex-parte order and to accept written statement. It is the contention of learned counsel for the Insurance Company that the written statement was fled after a delay of 1 year and 2 months. From the Application it appears that the Petitioner accepted service of summons, but according to them the summons got misplaced in the ofce. Learned counsel for the Insurance Company noticed the Claim Petition was on board when he had gone to attend some other matter. The matter was listed for ex-parte hearing. This fact was informed to the Insurance Company. Thereafter, the written statement was fled on record on 23/3/2018 on which date the Petitioner-Insurance Company appeared.

(3.) Learned counsel for the Respondent Nos.1 to 4-Original Claimants opposed the Petition. He submitted that no exceptional circumstances have been shown for the delay in fling the written statement. It was the stand of the Original Claimants before the Tribunal that in the alternative subject to payment of cost of Rs.50,000.00 the Application can be granted and written statement permitted to be taken on record.