SEEMA DEVI Vs. NEW INDIA ASSURACE CO.

JUDGEMENT

(1.) AN application was filed by respondent No.1 ­ New India Assurance Co. Ltd. (respondent No.3 in the claim petition before the Motor Accidents Claims Tribunal, Shimla) under Section 170 of the Motor Vehicles Act, 1988 with a prayer that this respondent be allowed to take all the defences available to the insured. By the impugned order 24th dated March, 2006, the learned Motor Accidents Claims Tribunal, Shimla has allowed

(2.) WHETHER reporters of the Local Papers are allowed to see the Judgment? this application. The text of the impugned order for ready reference is reproduced hereinbelow which reads thus:-

(3.) A bare perusal of the impugned order shows that it has been passed in a slipshod manner, mechanically and apparently without any application of mind. The impugned order on its very face shows and indicates that it is totally bereft of any reason despite the fact that Section 170 itself, in explicit terms enjoined upon the learned Tribunal to record the reasons in writing. It is very unfortunate and painful to know that a very senior Judicial Officer in the rank of the District and Sessions Judge in his capacity as the Presiding Officer of the Tribunal passed an order allowing an application under Section 170 of the Act in a slipshod manner and without assigning cogent and valid reasons in support of the order.