Research › Search › Judgment

Orissa High Court · body

2007 DIGILAW 883 (ORI)

Divisional Manager, New India Assurance Co. Ltd. v. State of Orissa and two

2007-11-22

N.PRUSTY

body2007
ORDER 22.11.07 — When this matter is taken up, nobody appeared on behalf of the petitioner to move this writ petition nor any mention has been made on behalf of the learned counsel for the petitioner for adjournment of the case. I have gone through the contents of the writ petition. As it appears certified copy of the impugned award has not been filed along with writ petition at the time of its presentation. Only the free copy of the award, which is supplied to the Insurance Company for compliance, has been filed. The free copy of the award is supplied to the parties for the purpose of information and compliance of the order, but not for the purpose of using the same in filing of the appeal or writ petition, challenging the same award. This writ petition has been filed on 07.03.2006 by the opposite party No. 2/Insurance Company challenging the judgment/award dated 02.03.2004 passed by the learned 3rd Motor Accident Claims Tribu¬nal, Bhubaneswar, in Misc. Case No. 579 of 1993. In the impugned judgment, a sum of Rs. 6,000/- has been awarded in favour of the claimant/opposite party No. 1 in this writ petition along with interest at the rate of 9% per annum from the date of filing of the claim petition i.e. 21.12.1993 till the actual date of reali¬zation, payable by opposite party No. 2/petitioner herein. Since the award under challenge is only for Rs. 6,000/- and no appeal can be filed challenging an award which is below Rs. 10,000/- as provided under Section 173(2) of the Motor Vehicles Act, this writ petition has been filed under Articles 226 and 227 of the Constitution of India, challenging the said award. Even though, there is no prescribed period of limitation for filing a writ petition, there is a prescribed period of limitation of 90 days for filing of an appeal challenging an award passed in a Motor Accident Claims Case. Since this writ petition has been filed challenging an award of Rs. 6,000/- dated 02.03.2004 passed in a Motor Accident Claims Case, the same ought to have been filed within a period of 90 days from the date of the award i.e. within the prescribed period of limitation for filing of an appeal challenging the award, in case the award would have been more than Rs. 6,000/- dated 02.03.2004 passed in a Motor Accident Claims Case, the same ought to have been filed within a period of 90 days from the date of the award i.e. within the prescribed period of limitation for filing of an appeal challenging the award, in case the award would have been more than Rs. 10,000/- and the petitioner has filed this writ petition in lieu of filing of an appeal. But the petitioner has filed this writ petition on 07.03.2006. As such, there is a delay of nearing one year and nine months in filing of this writ petition and the said period of delay has not been explained by the peti¬tioner in this writ petition in any manner whatsoever. The main grounds taken by the petitioner for challenging the award in this writ petition is that the Driver of the Mini Truck bearing Registration No. ORF-1619 was not having a valid Driving Licence nor there was a policy issued by the petitioner covering the period of accident. In support of the claim, the claimant/opposite party No. 1 had not examined any witness, but filed five documents. No witness was examined on behalf of the petitioner/Insurance Company nor any document was filed in sup¬port of its contention. In view of the discussion made above, I am not inclined to entertain this writ petition, which is accordingly dismissed. However, it is made clear that in case there is any viola¬tion of any policy condition by the owner of the vehicle, the petitioner/Insurance Company is at liberty to proceed against him in accordance with law, for realisation of the amount deposited by it towards satisfaction of the award. Since the Insurance Company has not deposited any amount towards compensation within a period of two months as has been directed by the learned Tribunal, it is directed that the peti¬tioner shall deposit the entire awarded amount of Rs. 6,000/- along with the interest at the rate of 9% per annum from the date of filing of the claim application till the amount is deposited/realization within a period of six weeks hence and immediately after such deposit, the same be disbursed in favour of the claimant. Urgent certified copy of this order be granted on proper application. Petition dismissed.