NEW INDIA ASSURANCE CO LTD Vs. SURINDER KAUR

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution of India challenges the order dated 31.8.2002 passed by the Motor Accidents Claims Tribunal, Nawanshahar (for brevity, 'the Tribunal') striking off the defence of petitioner insurance company on the ground that already number of opportunities have been availed by it and period of more than 90 days has expired as provided by Order VIII, rule 1 of the Code of Civil Procedure, 1908. A perusal of the interlocutory orders passed on 13.5.2002, 1.6.2002 and 16.8.2002 would show that opportunities have been afforded to the petitioner insurance company to file the written statement. On 16.8.2002 costs of Rs. 350 was also imposed for adjourning case to 31.8.2002 making it clear that no further opportunity shall be granted. The impugned order was passed on 31.8.2002 and the defence of petitioner insurance company was struck off.

(2.) Mr. Kamal Kant Verma, the learned counsel for the petitioner insurance company has argued that C.S. Bhalla, who was the Divisional Manager, has died and the new incumbent was not vested with the power to sign the written statement on behalf of the petitioner insurance company. For that reason delay in filing the written statement has occurred. Therefore, learned counsel requests for one opportunity to file the written statement which has now been signed by the successor of C.S. Bhalla.

(3.) Mr. Sanjeev Sharma, learned counsel for the claimants-respondents has argued that for no fault of the claimants they have been dragged to this court and have been made to suffer financially. The learned counsel has also pointed out that even time has been wasted which would cause delay in disposal of the claim of the claimants- respondents which would have been avoided by the petitioner insurance company.