PARIKH ENGINEERING AND BODY BUILDING CO. LTD. v. PRAMILA KARWA
2004-07-21
M.Y.EQBAL, VISHNUDEO NARAYAN
body2004
DigiLaw.ai
Judgment : M. Y. EQBAL, J. ( 1 ) HEARD the parties. This appeal, at the instance of the owner of the vehicle, is directed against that part of the order by which the Tribunal directed the appellant to pay interest from the date of filing of application till 5. 4. 2002 when, for the first time the insurance company was impleaded as party in the said claim case. ( 2 ) LEARNED counsel appearing for the appellant submitted that it was because of the serious laches and negligence on the part of the claimants that the insurance company was not impleaded as party in the said claim case, although the appellant, owner of the vehicle, disclosed all necessary particulars and insurance policy by their objection dated 11. 12. 1995, a copy of which has been annexed as Annexure 4 to the memo of appeal. ( 3 ) THE facts of the case lie in a narrow compass. ( 4 ) THE claim case was filed in the year 1987 being Compensation Case No. 35 of 1987. From perusal of the claim petition, a copy of which has been produced by counsel for the claimants, it appears that in the column where the claimants were required to state about the insurer of the vehicle, it was stated (not known) and necessary particulars shall be furnished later on. In spite of that the Tribunal passed ex pane award on 22. 6. 1991 against the owner of the vehicle. The said award was challenged in M. A. No. 544 of 1993 (R)before this court. The aforesaid appeal was finally disposed of on 10. 11. 1995 and the award of the Tribunal was set aside with a direction to pass fresh award after giving notice and opportunity of hearing to the insurance company. Immediately after the aforesaid judgment the appellant filed an application on 11. 12. 1995 giving full particulars of the insurance policy for implead-ing the insurance company as party. The claimants-respondents did not take any step for about 7 years and it was only on 6. 4. 2002 petition was filed for impleading insurance company as party in the said claim case and the Tribunal allowed that application and notice was issued. It was only thereafter the Tribunal passed the impugned award.
The claimants-respondents did not take any step for about 7 years and it was only on 6. 4. 2002 petition was filed for impleading insurance company as party in the said claim case and the Tribunal allowed that application and notice was issued. It was only thereafter the Tribunal passed the impugned award. ( 5 ) SO far as the interest part is concerned, the Tribunal directed for payment of interest by the insurance company from 6. 4. 2002 till the date of payment. So far as the interest prior to 6. 4. 2002 is concerned, the Tribunal held that the appellant who is the owner of the vehicle is liable to pay interest. This part of the award is under challenge. ( 6 ) ADMITTEDLY, it is because of the sheer laches and negligence on the part of the claimants-respondents the insurance company was impleaded as party after about 11 years in spite of the fact that all the insurance particulars were furnished by the appellant as far back as in 1995. In our view, the Tribunal has committed serious error of law in holding that the interest fpr the period prior to 6. 4. 2002 is payable by the owner of the vehicle. Since it is a clear case of negligence and laches on the part of the claimants we are of the view that no interest on the award amount is liable to be paid to the claimants till 5. 4. 2002. ( 7 ) FOR the aforesaid reason, this appeal is allowed and impugned award is modified by setting aside that part of the direction by which the appellant was held liable for payment of interest from the date of filing of the claim case till 5. 4. 2002. Appeal allowed. --- *** --- .