ORIENTAL INSURANCE CO LTD Vs. UMA SHARMA

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution is directed by the Oriental Insurance Company Ltd. though its Constituted Attorney, Jaipur against the final award Annex. 3 dated 15. 4. 1999 in the claim petition filed by respondent Nos. 1 to 4. THIS matter has come up for preliminary hearing in the Court on 25. 10. 99. The Court has issued notice to respondent Nos. 1 to 4 to show cause as to why this petition may not be admitted. Thereafter the matter has come up for hearing on admission of the matter today. Learned counsel for respondent Nos. 1 to 4 raised a preliminary objection that this petition may not be entertained by this Court as the award which is challenged by the petitioner Insurance Company in this petition is appealable.

(2.) LEARNED counsel for the petitioner on the other hand submitted that it is a case where the Motor Accident Claims Tribunal passed the award in total disregard to the statutory provisions as well as the law laid down by the Supreme Court and this petition is maintainable.

(3.) IN the result this petition fails and the same is dismissed. As the petitioner has in this case by fling this frivolous, misconceived, misplaced and ill-adviced petition not only made an attempt to abuse the process of the Court but also consumed valu- able and precious judicial time of the Court. It is also resulted in increasing the work- load of the Court. The Court is facing a serious problem how to reduce its workload and in case this INsurance Company behaves, acts and proceeds in the manner and fashion in which what it has been done in the present case it unnecessary increased the workload by a petition which was wholly avoidable. The petitioner is directed to pay Rs. 2,000/- as an exemplary cost. This amount is to be deposited in the Chief Minis- ter's Relief Fund within a period of one month from the date of receipt of copy of this order and the receipt thereof be produced by the petitioner on the record of this case. The General Manager of the INsurance Company is free to recover this amount from the officer who has advice for filing of this petition against the award despite the fact that statutory appeal u/s. 173 of the Motor Vehicles Act, 1988 was avail- able to this Court. This exercise is to be completed by the General Manager of the INsurance Com- pany within a period of three months from the date of receipt of copy of this order and compliance be reported to this Court also. The Registry is directed to send two copies of this order forthwith to the Regional Manager, Oriental INsurance Company, Anand Bhawan, Sansar Chandra Road, Jaipur. The Regional Manager of the Company is directed to send one copy of this order received from the Registry by him to the General Manager of the Company forthwith for his information and compliance thereof. .