ICICI LOMBARD GENERAL INSURANCE CO. LTD Vs. GAURA SINGH NISHAD
HIGH COURT OF CHHATTISGARH
ICICI LOMBARD GENERAL INSURANCE CO. LTD.
GAURA SINGH NISHAD
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SUNIL KUMAR SINHA,J. -
(1.)HEARD on admission. By this writ petition, challenge is made to that part of order dated 30-1-2008 passed by the Addl. Motor Accident Claims Tribunal, Bhatapara, in Claim Case No. 24/2007 by which the right of the petitioner to file written statement has been closed by the Tribunal by proceeding under Order 8 Rule 1 read with Rule 10 of the CPC.
(2.)THE petitioner is an Insurance Company which has been impleaded as non-applicant No. 2 in the claim petition filed by the claimants/respondent Nos. 1 to 3 herein. THE notice of the claim petition was served on the petitioner-Company on 31-12-2007. Counsel for the Insurance Company caused his appearance on 4-1-2008 and prayed for time for tiling written statement on which a date of 16-1-2008 was fixed. On 16-1-2008, some documents were filed by the claimants and again a lime was sought by the Insurance Company and it was granted upto 30-1-2008. On 30-1-2008, again certain documents were filed by the owner of the vehicle, i.e., respondent No. 4 herein and the Insurance Company further prayed for time to file written statement, but this time the Tribunal refused to grant time and ultimately it closed the right of Insurance Company to file written statement and after framing the issue, the matter was fixed for settling on 2nd February, 2008. It is stated that till now the evidence has not been taken and the date of evidence is now fixed as 26th of February, 2008.
Learned Counsel for the petitioner argues that the Claims Tribunal erred in law in strictly complying with the provisions of Order 8 Rule 1 read with Rule 10 of the CPC. He submits that according to the rules applicable for conducting proceedings of claim case, these provisions of CPC were not available to the Tribunal and the Tribunal has acted in excess of jurisdiction by strictly complying them in the matter of the petitioner. He refers to Rule 240 of M.P. (C.G.) Motor Vehicles Rules, 1994.
(3.)I have heard learned Counsel for the petitioner at length and have also perused the records of the writ petition. Rule 240 of the M.P. (CG.) Motor Vehicles Rules, 1994 provides for procedure to be followed by the Claims Tribunal in holding enquiries. It provides for application of certain provisions of the Code of Civil Procedure, 1908, in express words it says that save as otherwise expressly provided in the Act or these rules, the following provisions of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) namely, those contained in Order V Rules 9 to 13 and 15 to 20, Order IX, Order XVIII Rules 3 to 10, Order XVI Rules 2 to 21, Order XVII, Order XXI and Order XXII Rules 1 to 3 shall apply to proceedings before a Claims Tribunal in so far as they may be applicable thereto.
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