ORIENTAL INSURANCE CO LTD Vs. PARVEEN

JUDGEMENT

(1.) This petition is directed against the award dated 4.9.2008 passed by learned Motor Accident Claims Tribunal (II), Shimla whereby he awarded compensation of Rs. 4,90,000/- alongwith interest @ 8% p.a. to the claimant and held the Petitioner Oriental Insurance Company liable to satisfy the award.

(2.) This Court in proceedings under Article 227 of the Constitution of India, normally, would not interfere with an award passed by a learned Motor Accident Claims Tribunal if the Tribunal has exercised its jurisdiction in accordance with law. In this case, there are two glaring errors in the proceedings which virtually force me to interfere in the award.

(3.) The first error is that the Insurance Company had moved an application under Section 170 of the Motor Vehicles Act seeking permission to contest the claim on all grounds. Such application was filed on 27.6.2008 and a specific allegation was made that the reply filed by Respondent No. 1 clearly showed that there is collusion between the claimant and Respondent No. 1. In its order dated 27.6.2008 the learned Tribunal noticed the factum of the application having been filed and also directed that the reply be filed by 4.8.2008. On 4.8.2008 the Respondents were given further time to file reply to this application by 23.8.2008. Thereafter, no orders were passed on this application.