ORIENTAL INSURANCE COMPANY LTD. Vs. BHAGUTI

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 and 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.) IN view of this settled legal position, the impugned orders of learned Tribunal dated 4.11.2000 and 19.5.2000, rejecting petitioner - Insurance Company 'sapplications that claim petitions were barred by limitation, is not required to be interfered with in the present writ petitions.