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Madhya Pradesh High Court · body

2018 DIGILAW 704 (MP)

HDFC Ergo General Insurance Compony Ltd. v. Ramnivas

2018-08-14

SHEEL NAGU

body2018
ORDER 1. Supervisory jurisdiction of this Court under Art. 227 of the Constitution is invoked to assail the interlocutory order dated 26.7.2018 passed by the Second Motor Accident Claims Tribunal, Morena (M.P.) whereby the application preferred by the petitioner-Insurance Company under section 169(2) of the Motor Vehicles Act, 1988 has been dismissed. 2. The Insurance Company (insurer), who was respondent No. 3 in Claim Case No. 343/2015 pending before the Second Motor Accident Claims Tribunal, Morena (M.P.), preferred application under section 169(2) of the M.V. Act, 1988 and sought direction from the Tribunal to re-examine the injured before District Medical Board, Morena after pointing out certain incongruities and doubts over the genuineness of disability certificate issued earlier by contending that the examination of the injured by the earlier Medical Board was undertaken within a month of the accident which is too short a period for grievous injury to heal to be ready for assessing the extent of disability in terms of the decision of the apex Court in the case of Raj Kumar v. Ajay Kumar [2011 ACJ Page1]. 3. The impugned order reflects that the application under section 169(2) of the M.V. Act has been rejected by non-speaking order which in the considered opinion of this Court is enough to compel this Court to step in by exercising supervisory jurisdiction under Art. 227 of the Constitution. 4. It is pertinent to point out that looking to the glaring infirmity in the impugned order where there is total absence of application of mind to decide the application in question this Court deems it appropriate not to issue notice to the opposite side and disposes of the petition with following direction : "The impugned order dated 26.7.2018 passed by the Second Motor Accident Claims Tribunal, Morena (M.P.) rejecting the application under section 169(2) of the Motor Vehicles Act, 1988 stands set aside with direction to the learned Tribunal to re-consider the said application in terms of the law laid down by the apex Court in the case of Raj Kumar (supra), and pass a speaking order before proceeding ahead in the pending claim case."