NEW INDIA ASSURANCE CO LTD Vs. VEERAPA NAIDU

JUDGEMENT

(1.) Heard both sides. Perused the record.

(2.) This is an revision petition filed by the Insurance Company aimed against the order passed by the Motor Accident Claims Tribunal, Mapusa in Claim Petition No. 48 of 1997, holding that the respondents including the present revision petitioner, would be jointly and severally liable to pay to the claimants a sum of Rs. 12,85,000/ within a particular period along with interest at the rate of 12% p. a. The amount is already deposited in the Court.

(3.) It may be noted that the earlier appeal was preferred by the present petitioner against the judgment and award passed by the tribunal. However, by order dated 11/10/2004, Division Bench of this Court held, on the basis of Apex Court ruling, in the case of National Insurance Company Limited Versus Nicolletta Rohtagi and Ors. (2002) 7 SCC 456, to the effect that an insurer has the right to file an appeal before the High Court on limited grounds available under Section 149 (2) and the appeal being product of the statute, it is not open to the insurer to take any plea other than those provided under Section 149 (2) of the said Act. In view of this ratio, it was held that the appeal filed by the Insurance Company could not be entertained. However, Division Bench gave liberty to the Insurance Company to file the present revision petition under Section 115 of the Civil Procedure Code and, hence, the present revision petition.