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THE ORIENTAL INSURANCE COMPANY LIMITED versus BANKEY LAL & OTHERS

High Court of Judicature at Allahabad

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The Oriental Insurance Company Limited v. Bankey Lal & Others - FIRST APPEAL FROM ORDER No. 4 of 2006 [2007] RD-AH 6480 (9 April 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Amitava Lala, J.

Hon'ble V.C. Misra, J.

This appeal has been made by the Oriental Insurance Company out of an award passed by the Tribunal dated 4th October 2005 in M.A.C. No. 166 of 2001. As soon as the appeal was placed for hearing notice was given to the claimants-respondents, who raised objection that an application under Section 170 of the Motor Vehicles Act on the part of the  Insurance Company was pending before the Tribunal and remained undecided at the time of passing of such award. However, in such peculiar circumstance, the Division Bench of this Court passed an interim order dated 13.7.2006 directing the parties to proceed with the application before the Tribunal for its disposal. Following the same the application was heard by the Tribunal and it was dismissed by holding that there was no collusion in between the claimants and the owner of the vehicle. Such order is available from the supplementary affidavit filed by the claimants-respondents.

We are of the view that at the earlier stage in view of non-availability of the decision of the Division Bench the appeal was kept pending with a direction of final decision of the application under Section 170 of the Motor Vehicles Act. But now when the application under Section 170 of the Motor Vehicles Act has already been rejected, an appeal on behalf of the Insurance Company cannot be sustained. This point has already been dealt with by the Supreme Court on numerous occasions which has been considered by this Court in First Appeal From Order No.513 of 2007 (Oriental Insurance Company Limited Vs. Smt. Manju and others) on 30th March 2007. Therefore, the remedy if at all available for the appellant is to take out an appropriate application under Article 227 of the Constitution of India, if so advised but not the appeal. Hence, the appeal stands dismissed. However, no order is passed as to costs.

April 9, 2007

Hasnain

fafo.4.06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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