High Court Madhya Pradesh High Court

New India Assurance Co. Ltd. vs Om Prakash And Ors. on 29 March, 1994

Madhya Pradesh High Court
New India Assurance Co. Ltd. vs Om Prakash And Ors. on 29 March, 1994
Equivalent citations: 1994 ACJ 824
Author: S Dubey
Bench: S Dubey


JUDGMENT

S.K. Dubey, J.

1. Counsel heard.

2. In a motor accident there were three deaths. The legal representatives of the deceased persons filed a joint claim petition claiming compensation. The Claims Tribunal recorded common evidence, as the issue of rashness and negligence was common, but thereafter, vide order dated 29.9.1987, directed the legal representatives of each of the deceased persons to file a separate claim so that the award, so far as it relates to the compensation, be passed separately.

3. Learned counsel for the insurance company submitted that the Tribunal acted illegally and without jurisdiction giving an opportunity to the claimants to file separate petitions. The joint petition is not maintainable and now the separate claim petitions have become barred by time, but because of the order of the Tribunal the same shall be treated within limitation. It was also pointed out that prior to this order the claimants, when the matter came before this court earlier, stated before the court that separate claims have already been filed, but in fact no such separate petitions were filed. Before the Claims Tribunal, counsel appealing for the claimants stated that the claim petitions were filed and were given to the Reader of the court, but the said petitions are misplaced and are not traceable. In such circumstances, the Tribunal directed the claimants to file separate petitions. It is this order which is under challenge in revision.

4. In the opinion of this court, no interference is called for in the revision, as no injustice is caused to the petitioner company. On the other hand, it is just to facilitate the Tribunal to pass separate awards in respect of the claim of compensation relating to each of the deceased persons. Accordingly, this revision has no merit and is dismissed with no order as to costs.

5. Record of the Tribunal be sent back immediately. As the claims are pending since 1984, the Claims Tribunal is directed to pronounce the award after hearing parties in accordance with law within a period of two months from the next date, which is fixed as 7th April, 1994. Parties to appear on that date before the Claims Tribunal.