UNITED INDIA INSURANCE CO.LTD Vs. POONAMCHAND

JUDGEMENT

(1.) This miscellaneous appeal has been filed by the appellant - Insurance Company under Sec. 173 of Motor Vehicles Act, 1988, being aggrieved by award dtd. 26/7/2007 passed by Additional Member, Motor Accident Claims Tribunal, Dhar, in Claim Case No.134/2005.

(2.) Learned counsel for the appellant-Insurance Company submits that present appeal was filed on 22/8/2007 and crossobjection has been filed by respondents/claimants on 1/1/2011 and cross-objections has not been filed within thirty days after service of notice. Hence, cross-objection filed by respondents/claimants are time barred and cannot be looked into. The present appeal has been filed by appellant-Insurance Company on the ground that Insurance Company is not liable to pay compensation. Hence, cross-objections is not maintainable.

(3.) Learned counsel for the appellant-Insurance Company after referring to para Nos.11, 14, 15, 16 and 22 of impugned award and decision in National Insurance Company Limited vs. Ramkalibai and Others in MA No.3531/2008 decided on 11/1/2011, Bablu @ Netram @ Netraj vs. Abhilasha reported in 2016(1) MPLJ 45, Oriental Insurance Company Limited vs. Brij Mohan and Others reported in (2007) 7 Supreme Court Cases 56, New India Assurance Company Limited vs. Vedwati and Others reported in 2007 ACJ 1043, Oriental Insurance Company Limited vs. Richhabai and Others reported MACD 2012 (3) (MP) 1650, Ramdheen Sahu and Another vs. Thanuram and Another reported in MACD 2012(3) (Chhattisgarh) 1652, Mithlesh and Others vs. Brijendra Singh Baghel and Others reported in [2007(1)MPLJ 315 and Bhav Singh vs. Savirani and Others reported in [2008(1) MPLJ 2005 submits that in the instant case, from evidence on record, it is clearly established, that at the time of accident, deceased was sitting on tractor/trolley, therefore, Insurance Company is not liable to pay the compensation.