ORIENTAL INSURANCE CO LTD Vs. MOTIYA

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) These three writ petitions have been filed by the petitioner-The Oriental Insurance Co. Ltd., being aggrieved by the order dated 4.11.2000 passed by learned Motor Accident Claims Tribunal, Bhilwara allowing the claim petition No. 178/2000 (74/99) (Smt. Motiya W/o Rama Meena v. Shyamlal Banjara), and claim petition No. 184/2000 (18/99), Smt. Bhaguti W/o Surajmal Meena v. Shyamlal Banjara. So far as civil writ petition No. 1980/2001 is concerned, the same is directed against the order dated 19.5.2000 passed by learned MACT, Bhilwara in Claim Petition No. 363/97, Mst. Sangari & Ors. v. Shyamlal, whereby, the learned Tribunal was pleased to reject the applications of the petitioner-Oriental Insurance Co. Ltd. filed under Article 113 and 137 of the Limitation Act contending therein that the claim petitions filed by the claimants on 21.8.1997 in respect of accident, which took place on 30.1.993, was time barred by four years and seven months. Therefore, the claim petitions could not be entertained on merits. After rejection of said applications on 4.11.2000, in claim petition No. 178/2000 (74/99), Smt. Motiya W/o Rama Meena v. Shyamlal Banjara, and claim petition No. 184/2000 (18/99), Smt. Bhaguti W/o Surajmal Meena v. Shyamlal Banjara, award for 'no fault liability' was passed by the learned Tribunal on 2.2.2001.

(3.) Learned Counsel for the respondent-claimants also informed the Court that since there is no stay in the present writ petitions in favour of petitioner Insurance Company, the award stands executed and amount of compensation has been paid to the claimants. He further submitted that the controversy is long res integra in view of Division Bench judgment of this Court in the case of Man Singh v. Gamer Rebari & Anr., 2001 ACJ 1641, which was rendered following the Apex Court judgment in the case of Dhannalal v. D.P. Vijayvargiya & Ors., 1996 1 ACC 603 In the said case of Man Singh , the Division Bench of this Court held as under: